Public Offer Agreement

1. General Provisions

1.1. This offer is an official proposal of the online store “neman-mebel.com”, hereinafter referred to as the “Seller”, to enter into a Distance Sales Agreement for goods by remote means, i.e., via the Online Store through the Internet, hereinafter referred to as the “Agreement”, and publishes this Public Offer (proposal) on the Seller’s official website “https://neman-mebel.com/” (hereinafter referred to as the “Website”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposal (acceptance) to conclude an electronic agreement for the purchase and sale of goods is deemed to be the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframes and at the prices indicated on the Seller’s Website.

2. Terms and Definitions

2.1. In this offer, unless the context requires otherwise, the following terms shall have the meanings set out below:
* “Goods” – models, accessories, components and related items;
* “Online Store” – according to the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling goods, works, or services by concluding an electronic transaction.
* “Seller” – the company that sells the Goods presented on the Website.
* “Buyer” – an individual who has entered into the Agreement with the Seller under the terms set out below.
* “Order” – the selection of individual items from the list of Goods made by the Buyer when placing an order and making payment.

3. Subject of the Agreement

3.1. 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.
3.2. 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 deemed the date on which the Buyer completes the order form posted on the Online Store website, provided that the Buyer receives the Seller’s order confirmation in electronic form. If necessary, at the Buyer’s request, the Agreement may be executed in written form.

4. Order Placement Procedure

4.1. The Buyer places an order independently in the Online Store through the “Cart” form, or by placing an order via email or by calling the phone number specified in the “Contacts” section of the Online Store.
4.2. 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 as to its validity.
4.3. 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:
4.3.1. Buyer’s last name and first name;
4.3.2. delivery address (if delivery is to the Buyer’s address);
4.3.3. contact phone number.
4.3.4. Identification code for a legal entity or an individual entrepreneur.
4.4. 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.
4.5. 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 required information, the Seller shall not be liable for the proper provision of services to the Buyer when purchasing Goods in the Online Store.
4.6. When placing an order through the Seller’s operator (Clause 4.1 of this Offer), the Buyer undertakes to provide the information specified in Clauses 4.3–4.4 of this Offer.
4.7. The Buyer accepts the terms of this Offer by entering the relevant data into the registration form on the Online Store website or by placing an Order through the operator. After placing an Order through the Operator, the Buyer’s data is entered into the Seller’s database.
4.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
4.9. By concluding the Agreement, i.e., by accepting the terms of this proposal (the proposed terms for purchasing the Goods) through placing an Order, the Buyer confirms the following:
a) The Buyer has fully read and agrees with the terms of this offer (proposal);
b) The Buyer grants permission for the collection, processing and transfer of personal data; the permission to process personal data is valid for the entire term of this Agreement and for an unlimited period after its termination. In addition, by concluding the Agreement the Buyer confirms that they have been informed (without additional notice) about the rights established by the Law of Ukraine “On Protection of Personal Data”, about the purposes of data collection, and that the Buyer’s personal data is transferred to the Seller for the purpose of enabling the Seller to fulfill the terms of this Agreement, conduct settlements, and issue 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 personal data subject under the Law of Ukraine “On Protection of Personal Data” is known and understood by the Buyer.
4.10. If the Goods are out of stock, the Company’s manager is obliged to inform the Buyer (by phone or via email).
4.11. If the Goods are out of stock, the Buyer has the right to replace them with an аналогous model, refuse the Goods, or cancel the order.

5. Price and Delivery of Goods

5.1. 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 are indicated on the website in UAH, including VAT.
5.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a specific unit of Goods that has been paid in full by the Buyer may not be changed by the Seller unilaterally.
5.3. 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 delivery cost according to the current tariffs of the delivery services (carriers) directly to the selected delivery service (carrier).
5.4. 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.
5.5. The Seller may indicate an estimated cost of delivery of the Goods to the Buyer’s address upon the Buyer’s request by sending an email to the Seller or when placing an order through the Online Store operator.
5.6. The Buyer’s obligations to pay for the Goods are deemed fulfilled from the moment the Seller receives the funds into its account.
5.7. Settlements between the Seller and the Buyer for the Goods are carried out using the methods specified on the Online Store website in the “Payment & Delivery” section.
5.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (product name, quantity, комплектність, expiry date).
5.9. The Buyer or their representative confirms by signature on the товарний чек and/or in the order and/or in the transport waybill for the delivery of goods that they have no claims regarding the quantity, внешний вид and completeness of the Goods.
5.10. Title to the Goods and the risk of accidental loss or damage to the Goods passes 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-delivery from the Seller, or at the time the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.
5.3. Rights and obligations of the Parties:
5.3.1. The Seller has the right to:
- unilaterally terminate the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
5.3.2. The Buyer undertakes to:
- pay for and receive the order in a timely manner under the terms of this Agreement.
5.3.3. The Buyer has the right to:
- place an order in the Online Store;
- conclude an electronic agreement;
- demand that the Seller fulfills the terms of this Agreement.

6. Liability of the Parties

6.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and the current legislation of Ukraine.
6.2. The Seller shall not be liable for:
- changes in the appearance, комплектність, and technical characteristics of the Goods made by the manufacturer;
- minor discrepancies in the color range of the Goods, which may differ from the original solely due to differences in color rendering of computer monitors of certain models;
- the content and accuracy of information provided by the Buyer when placing the order;
- delays and interruptions in the provision of services (order processing and delivery) due to reasons beyond the Seller’s control;
- unlawful actions committed by the Buyer using this Internet access;
- transfer by the Buyer of their network identifiers (IP, MAC address, login and password) to third parties;
6.3. The Buyer, using the provided Internet access, independently bears responsibility for damage caused by their actions (personally, even if another person acted under the Buyer’s login) to individuals or their property, legal entities, the state, or моральним принципам моральності.
6.4. In the event of force majeure, the Parties shall be released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement shall mean events of an extraordinary and unforeseeable nature that exclude or objectively prevent performance of this Agreement, and which the Parties could not foresee or prevent by reasonable means.
6.5. The Seller or the Buyer shall be released from liability for complete or partial non-performance of their obligations if such non-performance is the 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 that cannot fulfill its obligations must immediately notify the other Party.

7. Other Terms

7.1. The Online Store reserves the right to unilaterally amend this Agreement provided it is published in advance on the website https://neman-mebel.com/.
7.2. The Online Store is created to organize дистанційний sale of goods through the Internet.
7.3. The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, by acceptance (placing an order and subsequent payment), the Buyer gives the Seller unconditional consent to collect, process, store and use the Buyer’s personal data within the meaning of the Law of Ukraine “On Protection of Personal Data”.
7.4. Payment by the Buyer for an order placed in the Online Store means the Buyer’s full consent to the terms of this sales agreement (public offer).
7.5. The actual date of the electronic agreement between the Parties is the date of acceptance of the terms in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”.
7.6. Use of the Online Store resource for previewing goods and placing an order is free of charge for the Buyer.
7.7. Information provided by the Buyer is confidential. The Online Store uses information about the Buyer exclusively for processing the order, sending notifications to the Buyer, delivering the Goods, conducting settlements, etc.

8. Procedure for Returning Non-Defective Goods

8.1. The Buyer has the right to return to the Seller a non-food product of proper quality if the product did not satisfy the Buyer by shape, dimensions, style, color, size, or for other reasons cannot be used for its intended purpose. The Buyer has the right to return a non-defective product within 14 (fourteen) days, excluding the day of purchase. Return of non-defective goods is possible if the goods have not been used and their товарний вигляд, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for payment of the Goods are preserved. The list of goods not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.
8.2. Refund of the cost of non-defective goods shall be made within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided the requirements of Clause 8.1 of this Agreement and the current legislation of Ukraine are met.
8.4. Return of non-defective Goods is carried out at the Buyer’s expense and is not reimbursed by the Seller.
8.5. If defects in the Goods are discovered within the установленого warranty period, the Buyer personally, in the manner and within the сроки established by the legislation of Ukraine, has the right to предъявити to the Seller the claims provided for by the Law of Ukraine “On Consumer Rights Protection”. When presenting claims for free устранення of defects, the period for such устранення is counted from the date the Seller receives the Goods into its disposal and gains physical access to the Goods.
8.6. Consideration of claims provided for by the Law of Ukraine “On Consumer Rights Protection” is carried out by the Seller provided the Buyer submits documents required by the current legislation of Ukraine. The Seller shall not be liable for defects that arose after transfer of the Goods to the Buyer due to the Buyer’s violation of правила користування or storage of the Goods, actions of third parties, or force majeure.
8.7. The Buyer has no right to refuse non-defective goods that have individually determined properties if such goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, комплектність, etc.). Confirmation that the goods have individually determined properties is the difference in sizes and other characteristics specified in the Online Store.
8.8. Return of Goods in cases предусмотрених by law and this Agreement is carried out at the address indicated on the website in the “Contacts” section.

9. Confidentiality and Personal Data Protection

9.1. By providing their personal data on the Online Store website during registration or order placement, the Buyer gives the Seller voluntary consent to process and use (including transfer) their personal data, as well as to perform other actions предусмотрені by the Law of Ukraine “On Protection of Personal Data”, without limitation of the term of such consent.
9.2. The Seller undertakes not to disclose information received from the Buyer. Providing information by the Seller to counterparties and third parties acting under an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where disclosure is required by current legislation of Ukraine, shall not be considered a violation.
9.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for poor performance or non-performance of its obligations due to outdated information about the Buyer or its inconsistency with reality.

10. Term of the Agreement

10.1. An electronic agreement is deemed concluded from the moment the person who sent the proposal to conclude such an agreement receives a response on acceptance of this proposal in the manner prescribed by Part 6 of Article 11 of the Law of Ukraine “On Electronic Commerce”.
10.2. Prior to expiration, this Agreement may be terminated by mutual consent of the Parties before the actual delivery of the Goods by refunding the funds.
10.3. The Parties have the right to terminate this Agreement unilaterally in case one of the Parties fails to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.

11. Seller’s Details

Sole Proprietor (FOP) Bura Olena Viktorivna
EDRPOU 3124417024
IBAN UA443052990000026004006302336
JSC CB “PRIVATBANK”
MFO 305299
Address: 62 Rokosovskoho St., Chernihiv, 14026, Ukraine
+38 066 7260336