PUBLIC CONTRACT (OFFER) for ordering, buying and selling goods
This contract is an official and public offer of the Seller to conclude a contract for the sale of the Goods presented on the Dnmarket.com website. This contract is public, meaning, according to 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 giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and procedures for placing an order, paying for the goods, delivering the goods, returning the goods, liability for bad faith orders, and all other terms of the agreement. The contract is considered concluded from the moment the "Confirm Order" button is clicked on the order page in the "Cart" section and the Buyer receives an order confirmation from the Seller electronically.
1.2. Online store - the Seller's website at www.Dnmarket.com, created for the conclusion of retail and wholesale sales contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.3. Buyer – an individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.4. Seller – Limited Liability Company "_FOP Piletsky", a legal entity established and operating in accordance with the current legislation of Ukraine, whose location is: Kyiv, Zabolotny Street 114.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be considered the date of the Buyer's completion of the order form on the Online Store website, provided that the Buyer receives from the Seller confirmation of the order in electronic form.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts about its validity.
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, first name;
3.3.2. the address to which the Goods should be delivered (if delivery 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, article, 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 contract requires additional information, it has the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.7. By concluding the Agreement, that is, accepting the terms of this offer (the proposed terms of purchase of the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with, and agrees with the terms of this offer;
b) he gives permission for the collection, processing, and transfer of personal data, permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer confirms that he is informed (without additional notification) about the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, and also that his personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to conduct settlements, as well as to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and clear to him.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a particular item of Goods, the cost of which has been fully paid by the Buyer, cannot be changed unilaterally by the Seller.
4.3. The Buyer’s obligations for payment of the Goods are considered fulfilled from the moment the funds are received by the Seller into his account.
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 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. Change the terms of this Agreement as well as the prices for Goods and services unilaterally by posting them on the Online Store website. All changes come into force from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarize himself with the contents of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.
5.3.2. To enable the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that clearly identifies him as the Buyer and is sufficient for delivering the ordered Goods to the Buyer.
7.4. The Seller or the Buyer are exempt from liability for complete or partial non-performance of their obligations if the non-performance is a result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters arising independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations shall promptly notify the other Party.
8.2. The Seller undertakes not to disclose the information received from the Buyer. Providing information to contractors and third parties acting on behalf of the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information 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 is not liable for poor performance or non-performance of their obligations due to outdated or inaccurate information about the Buyer.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a resolution of the dispute cannot be reached through negotiations, the Buyer and/or 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 provided in paragraph 5.2.1 of the Agreement. Additionally, changes to the Agreement may also be made by mutual consent of the Parties in accordance with the current legislation of Ukraine.
Kyiv, Zabolotnogo St. 114,
account UA07 305299 00000 26005046805609 at PJSC "PrivatBank"
Tax ID 2514017554
phone (067) 2574311
1. Definition of terms
1.1. Public offer (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a contract of sale of goods by remote means (hereinafter referred to as the "Contract") on the terms contained in this Offer.1.2. Online store - the Seller's website at www.Dnmarket.com, created for the conclusion of retail and wholesale sales contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.3. Buyer – an individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.4. Seller – Limited Liability Company "_FOP Piletsky", a legal entity established and operating in accordance with the current legislation of Ukraine, whose location is: Kyiv, Zabolotny Street 114.
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 by the Buyer of the terms of the Agreement shall be considered the date of the Buyer's completion of the order form on the Online Store website, provided that the Buyer receives from the Seller confirmation of the order in electronic 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 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 when placing the order is incomplete or raises doubts about its validity.
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, first name;
3.3.2. the address to which the Goods should be delivered (if delivery 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, article, 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 contract requires additional information, it has the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.7. By concluding the Agreement, that is, accepting the terms of this offer (the proposed terms of purchase of the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with, and agrees with the terms of this offer;
b) he gives permission for the collection, processing, and transfer of personal data, permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer confirms that he is informed (without additional notification) about the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, and also that his personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to conduct settlements, as well as to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and clear to him.
4. Price and Delivery of Goods
4.1 The prices for Goods and services are determined by the Seller independently and are specified on the Online Store website. All prices for Goods and services are listed on the site in UAH, including VAT.4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a particular item of Goods, the cost of which has been fully paid by the Buyer, cannot be changed unilaterally by the Seller.
4.3. The Buyer’s obligations for payment of the Goods are considered fulfilled from the moment the funds are received by the Seller into his account.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to: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 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. Change the terms of this Agreement as well as the prices for Goods and services unilaterally by posting them on the Online Store website. All changes come into force from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarize himself with the contents of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.
5.3.2. To enable the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that clearly identifies him as the Buyer and is sufficient for delivering the ordered Goods to the Buyer.
6. Return of Goods
6.1. Domain names are non-returnable after sale.7. Liability
7.1. The Seller and the Buyer are responsible 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 complete or partial non-performance of their obligations if the non-performance is a result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters arising independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations shall promptly notify the other Party.
8. Confidentiality and Protection of Personal Data
8.1. By providing their personal data on the Online Store website during registration or placing an Order, the Buyer gives the Seller their voluntary consent for the processing, use (including transfer) of their personal data, as well as for performing other actions provided by the Law of Ukraine "On Personal Data Protection," without limitation of the term of such consent.8.2. The Seller undertakes not to disclose the information received from the Buyer. Providing information to contractors and third parties acting on behalf of the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information 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 is not liable for poor performance or non-performance of their obligations due to outdated or inaccurate information about the Buyer.
9. Other Terms
9.1. This Agreement is concluded in the territory of Ukraine and operates 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 a resolution of the dispute cannot be reached through negotiations, the Buyer and/or 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 provided in paragraph 5.2.1 of the Agreement. Additionally, changes to the Agreement may also be made by mutual consent of the Parties in accordance with the current legislation of Ukraine.
Seller's Address and Details
Individual Entrepreneur Piletsky B.A.Kyiv, Zabolotnogo St. 114,
account UA07 305299 00000 26005046805609 at PJSC "PrivatBank"
Tax ID 2514017554
phone (067) 2574311
