Public offer

PUBLIC AGREEMENT (OFFER) for ordering, purchasing, and delivering goods.

 

This agreement is an official and public offer from the Seller to conclude a sales contract for the products presented on the website www.papirella.com.ua. 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, or individual entrepreneur) without granting preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions of order placement, payment for goods, delivery, return of goods, liability for dishonest orders, and all other conditions of the agreement. The agreement is considered concluded from the moment the "Confirm Order" button is pressed on the order confirmation page in the "Cart" section, and the Buyer receives an order confirmation from the Seller in electronic form.

 

1. Definitions
1.1. Public offer (hereinafter referred to as the "Offer") - a public proposal from the Seller addressed to an indefinite number of persons to conclude a sales contract for the product with the Seller in a distance mode (hereinafter referred to as the "Agreement") under the terms set out in this Offer.

1.2. Product or Service – the object of the agreement between the parties, which has been selected by the buyer on the online store's website and placed in the shopping cart, or has already been purchased by the Buyer from the Seller in a distance mode.

1.3. Online Store – the Seller's website at www.papirella.com.ua, created for concluding retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Product provided by the Seller via the Internet.

1.4. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of a product presented on the online store's website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.

1.5. Seller – Limited Liability Company "VP" Ukrainian Paper" (38391990), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: Ukraine, Kyiv, Frunze St., building 40.

 

 

2. Subject of the Agreement
2.1. The Seller agrees to transfer ownership of the Product to the Buyer, and the Buyer agrees to pay for and accept the Product under the terms of this Agreement.
2.2. The date of conclusion of the Agreement (the acceptance of the offer) and the moment of the full and unconditional acceptance of the terms of the Agreement by the Buyer is considered the date when the Buyer fills out the order form located on the online store's website, provided the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement can be executed in writing.

 

3. Order Placement
3.1. The Buyer independently places an order in the online store through the "Cart" form, or by making an order via email or by calling the phone number specified in the "Contacts" section of the online store.

3.2. The Seller has the right to refuse to fulfill the order if the information provided by the Buyer during the order placement is incomplete or raises doubts about its authenticity.
3.3. When placing an order on the online store's website, the Buyer is required to provide the following mandatory information necessary for the Seller to process the order: 3.3.1. the Buyer's first and last name; 3.3.2. the address to which the Product should be delivered (if delivery is to the Buyer's address); 3.3.3. contact phone number.
3.3.1. the Buyer's first and last name;
3.3.2. the address to which the Product should be delivered (if delivery is to the Buyer's address);
3.3.3. contact phone number.

3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, item number, and price of the Product selected by the Buyer are indicated in the Buyer's cart on the online store's website.
3.5. If either party to the agreement requires additional information, they have the right to request it from the other party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing the Buyer with a quality service when purchasing a product in the online store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer agrees 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 in the registration form on the online store's website or when placing the Order through the operator. After placing the order through the 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., accepting the terms of this offer (the proposed terms for the purchase of the Product) by placing an Order, the Buyer confirms the following:
a) The Buyer has fully familiarized themselves with and agrees with the terms of this offer (public offer);
b) The Buyer gives consent to the collection, processing, and transfer of personal data. The consent for the processing of personal data is valid throughout the term of the Agreement and for an indefinite period after its expiration. Furthermore, by concluding the Agreement, the Buyer confirms that they have been informed (without further notice) about their rights established by the Law of Ukraine "On the Protection of Personal Data," the purposes of data collection, and that their personal data is being transferred to the Seller for the purpose of fulfilling the terms of this Agreement, for the possibility of 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 notice to the Buyer for the purpose of fulfilling the Buyer’s order. The Buyer is aware of and understands their rights as a subject of personal data according to the Law of Ukraine "On the Protection of Personal Data."

 

4. Price and Delivery of Goods

4.1. The prices for the Goods and services are determined by the Seller independently and are specified on the online store’s website. All prices for Goods and services listed on the website are in UAH, including VAT.

4.2. The prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a specific unit of the Product, which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The price of the Product indicated on the online store’s website does not include the cost of delivering the Product to the Buyer. The Buyer is responsible for paying the delivery cost according to the current tariffs of the delivery services (carriers) directly to the chosen delivery service (carrier).

4.4. The price of the Product indicated on the online store’s website does not include the cost of delivering the Product to the Buyer’s address.
4.5. The Seller may provide an estimated delivery cost to the Buyer’s address when the Buyer requests this information by sending an email or when placing an order through the online store’s operator.
4.6. The Buyer’s payment obligations for the Product are considered fulfilled upon receipt of the funds by the Seller into its account.
4.7. Payments between the Seller and the Buyer for the Product are made using the methods indicated on the online store’s website in the "Payment and Delivery" section.

4.8. Upon receiving the Product, the Buyer must check, in the presence of the delivery service (carrier) representative, the compliance of the Product with its quality and quantity characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or their representative, upon receiving the Product, confirms by their signature on the delivery receipt, order, or transportation waybill that they have no claims regarding the quantity, external appearance, and completeness of the Product.

4.10. The ownership rights and the risk of accidental loss or damage of the Product pass to the Buyer or their representative at the moment of receipt of the Product by the Buyer at the delivery location, in the case of self-delivery by the Buyer from the Seller, or at the moment the Seller transfers the Product to the chosen delivery service (carrier).

 

5. Rights and Obligations of the Parties

5.1. The Seller is obliged to:
5.1.1. Transfer the Product 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 in cases provided by law and during the execution of the Buyer’s Order.

5.2. The Seller has the right to:
5.2.1. Unilaterally change the terms of this Agreement, as well as the prices for Goods and services, by posting them on the online store’s website. All changes take effect from the moment of their publication.

5.3. The Buyer is obliged to:
5.3.1. Familiarize themselves with the content of this Agreement, the terms of the Agreement, and the prices proposed by the Seller on the online store’s website before concluding the Agreement.
5.3.2. To enable the Seller to fulfill their obligations to the Buyer, the Buyer must provide all necessary data that unequivocally identifies them as the Buyer and is sufficient for the delivery of the ordered Product to the Buyer.

 

 

6. Product Return
6.1. The Buyer has the right to return non-food products of proper quality to the Seller if the product does not satisfy them in terms of shape, size, style, color, size, or for other reasons it cannot be used for its intended purpose. The Buyer has the right to return the product of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of the product of proper quality is carried out if it has not been used and if its consumer appearance, consumer properties, packaging, seals, labels, as well as the sales receipt issued to the Buyer for the payment of the Product, are preserved. A list of goods that cannot be returned under the grounds provided in this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2. The refund for the product of proper quality will be carried out within 30 (thirty) calendar days from the moment the Seller receives such a Product, provided that the requirements of paragraph 6.1 of the Agreement and the current legislation of Ukraine are met.

6.3. The refund for the product is made by bank transfer to the Buyer’s account.

6.4. The return of the product of proper quality to the Seller’s address is at the Buyer’s expense and is not reimbursed by the Seller to the Buyer.

6.5. In case defects are found in the Product during the established warranty period, the Buyer personally has the right to submit claims to the Seller in the manner and within the time limits established by the laws of Ukraine, as provided by the Law of Ukraine "On Protection of Consumer Rights." When submitting a claim for free elimination of defects, the term for their elimination is calculated from the date the Seller receives the Product in their possession and has physical access to the Product.

6.6. The Seller will review claims provided by the Law of Ukraine "On Protection of Consumer Rights" provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Product that occurred after it was transferred to the Buyer due to the Buyer’s violation of the rules of use or storage of the Product, actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse the product of proper quality that has individually defined properties, if the product can only be used by the Buyer who purchased it (e.g., non-standard sizes, characteristics, appearance, packaging, etc.). Confirmation that the product has individually defined properties is the difference in the product's size and other characteristics as specified in the online store.
6.8. Product returns, in cases provided by law and this Agreement, are made at the address specified on the website in the "Contacts" section.

 

7. Liability
7.1. The Seller is not responsible 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 is not responsible for improper or untimely execution of Orders and obligations in case the Buyer provides false or erroneous information.
7.3. Both the Seller and the Buyer are liable for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempt from liability for full or partial non-performance of their obligations if the non-performance is a result of force majeure circumstances such as war or military actions, earthquakes, floods, fires, and other natural disasters that occur independently of the Seller and/or Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations must immediately notify the other party.

 

 

8. Confidentiality and Protection of Personal Data

8.1. By providing their personal data on the website of the Online Store during registration or when placing an Order, the Buyer gives their voluntary consent to the Seller to process, use (including transfer) their personal data, as well as to take other actions provided by the Law of Ukraine "On Personal Data Protection," without limitation on the duration of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. Disclosure of information to counterparties and third parties acting on behalf of the Seller, including for fulfilling obligations to the Buyer, is not considered a breach, as well as disclosure in cases where such information is required by the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for the poor 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 on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. Any disputes that arise between the Buyer and the Seller are to be resolved through negotiations. If a dispute cannot be resolved through negotiation, the Buyer and/or the Seller have the right to refer the dispute 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 specified in clause 5.2.1 of this Agreement. Additionally, changes to the Agreement may also be made with the mutual consent of the Parties in accordance with the current legislation of Ukraine.

 

ADDRESS AND DETAILS OF THE SELLER: LLC "VP "Ukrainian Paper"
04080, Kyiv, 40, Frunze St.
Identification code of the legal entity: 38391990
Account: UA513225400000026003102021881 SC "KIB", Kyiv
MFO: 322540
VAT payer
Tax ID: 383919926561
Phone: (044) 238-66-00
Director: S.O. Haidai