Public Contract (Offer)

for ordering, purchasing, selling, and delivering goods

This contract is an official and public offer of the Seller to conclude a contract for the sale of Goods presented on the website https://engard.ua. This contract is public, meaning 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 giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for goods, delivering goods, returning goods, liability for fraudulent orders, and all other terms of the contract. The contract is considered concluded from the moment the “Confirm Order” button is pressed on the order page in the “Cart” section and the Buyer receives an electronic order confirmation from the Seller.

1. Definition of terms

1.1. Public offer (hereinafter referred to as the “Offer”) – a public proposal of the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a contract for the purchase and sale of goods remotely (hereinafter referred to as the “Contract”) on the terms contained in this Offer.

1.2. Goods or Services – the subject of the agreement between the parties, which has been 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 at www.engard.ua created to conclude retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.

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

1.5. Seller – Individual entrepreneur Melnyk Anton Yevgenyevich (identification code 3111416850), established and operating in accordance with the current legislation of Ukraine, whose address is: 04074, Kyiv, Avtozavodska St., 18.

2. Subject of the Contract

2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.

2.2. The date of the conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be the date of the Buyer’s completion of the order form located on the online store website, provided the Buyer receives an electronic order confirmation from the Seller. If necessary, at the request of the Buyer, the Agreement may be executed in written form.

3. Order Processing

3.1. The Buyer independently places an order in the online store using the “Cart” form or by placing an order via email or phone number provided in the contact section of the online store.

3.2. The Seller has the right to refuse delivery of the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicions 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 fulfill the order:

3.3.1. the Buyer’s surname, 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, item number, and price of the Goods chosen by the Buyer are indicated in the Buyer’s cart on the online store’s website.

3.5. If either Party of the contract requires additional information, they have the right to request it from the other Party. If the necessary information is not provided by the Buyer, the Seller is not responsible for providing a quality 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 is required to provide the information specified in clauses 3.3 – 3.4. of this Offer.

3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the appropriate data by the Buyer in the registration form on the online store’s website or when placing an Order through the operator. After placing an 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 Contract, i.e., accepting the conditions of this offer (offered conditions for the purchase of the Goods), by placing the Order, the Buyer confirms the following:

a) The Buyer is fully and completely familiar with and agrees with the conditions of this offer (offer);

b) they give permission for the collection, processing, and transfer of personal data, permission for data processing is valid for the entire term of the Contract, as well as for an unlimited term after its expiration. Furthermore, by entering into the contract, the Buyer confirms that they are informed (without additional notice) of the rights established by the Law of Ukraine “On Protection of Personal Data,” the purpose of data collection, and also that their personal data is transferred to the Seller for the possibility of fulfilling the terms of this Contract, the possibility of mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notifications to the Buyer to fulfill the Buyer’s order. The scope of the Buyer’s rights as the personal data subject according to the Law of Ukraine “On Protection of Personal Data” is known and understood by them.

4. Price and Delivery of Goods

4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.

4.2 Prices for Goods and services may change unilaterally by the Seller depending on market conditions. At the same time, the price of a separate unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed unilaterally by the Seller.

4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods according to the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by them.

4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer’s address.

4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer’s address upon the Buyer’s request by sending an email or when placing an order through the 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. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the Online Store website in the “Payment and Delivery” section.

4.8. Upon receiving the goods, the Buyer must check the Goods for compliance with quality and quantity characteristics (product name, quantity, completeness, expiration date) in the presence of the delivery service (carrier) representative.

4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the sales receipt/ or in the order/ or in the waybill for the delivery of goods that there are no claims regarding the quantity of goods, their appearance, and completeness.

4.10. The ownership and risk of accidental loss or damage to the Goods are transferred to the Buyer or their Representative from the moment of receipt of the Goods by the Buyer at the place of delivery of the Goods during self-delivery of the Goods from the Seller, or during the transfer by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.

5. Rights and obligations of the Parties

5.1. The Seller is obliged to:

5.1.1. Deliver 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 as required 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 of Goods and services, unilaterally, by posting them on the online store’s website. All changes come into effect from the moment of their publication.

5.3. The Buyer undertakes:

5.3.1. Before concluding the Agreement, to familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the online store’s website.

5.3.2. To fulfill the Seller’s obligations to the Buyer, the latter must provide all necessary data that unequivocally identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return to the Seller a non-food item of proper quality if the item does not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for its 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 if they have not been used and if their marketable condition, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for the payment of Goods, have been preserved. The list of goods that cannot be returned on the grounds specified in this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2. The return to the Buyer of the value of goods of proper quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, provided that the requirements specified in clause 6.1. of the Agreement and the current legislation of Ukraine are met.

6.3. The cost of the goods is subject to a return by bank transfer to the Buyer’s 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 refunded by the Seller to the Buyer.

6.5. In the event of defects in the Goods during the established warranty period, the Buyer personally, in accordance with the procedure and within the time limits established by the legislation of Ukraine, has the right to present the Seller with the requirements specified by the Law of Ukraine “On the Protection of Consumer Rights”. When making requirements for free elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller and physical access to such Goods.

6.6. The consideration of the claims provided by the Law of Ukraine “On the Protection of Consumer Rights” is carried out by the Seller provided that the Buyer submits documents as required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer 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 is not entitled to refuse goods of proper quality that have individually-defined properties if the specified goods can only be used by the Buyer who purchased them (including, at the request of the Buyer, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually-defined properties is the difference in the size of the goods and other characteristics indicated in the online store.

6.8. Return of goods, in cases provided 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 is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.

7.2. The Seller is not liable for improper, untimely execution of Orders and commitments if the Buyer provides inaccurate or false information.

7.3. 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 is released from liability for full or partial failure to fulfill their obligations if the failure is due to force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters beyond the control of the Seller and/or Buyer after the conclusion of this agreement. The Party unable to fulfill its obligations shall immediately notify the other Party.

8. Confidentiality and protection of personal data.

8.1. By providing personal data on the online store’s website during registration or Order placement, the Buyer gives the Seller their voluntary consent to process, use (including transfer) their personal data, as well as to perform other actions provided by the Law of Ukraine “On Protection of Personal Data,” without limitation on the term of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation for the Seller to provide information to contractors and third parties acting under a contract with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is specified by the requirements of the current legislation of Ukraine.

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 its obligations due to outdated or inaccurate information about the Buyer.

9. Other conditions

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 are resolved through negotiations. In the event of failure to settle the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution 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 for in clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner provided by the current legislation of Ukraine.

ADDRESS AND DETAILS OF THE SELLER: