Public contract (Business Proposal) for order, purchase and sale and delivery of goods

This contract is the official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website palche.ua. This contract is public, i.e. in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine, its conditions 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 conditions of placing an order, payment for goods, delivery of goods, responsibility for an unscrupulous order and all other terms of the agreement. The contract is considered concluded from the moment the order is placed and the Buyer receives the order confirmation from the Seller in electronic form.

  1. Definition of terms

    1. Public offer (hereinafter - the 'Offer') - the public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the sale of goods remotely with the Seller (hereinafter - the 'Agreement') on the terms contained in this Offer.
    2. The product is the object of the agreement of the parties, which was selected by the buyer on the website palche.ua and placed in the basket, or already purchased by the buyer from the seller remotely.
    3. The website is the Seller's website at the address https://palche.ua/ created for the conclusion of retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller using the Internet.
    4. The buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website palche.ua, or a legal entity or an individual entrepreneur.
  2. Subject of the contract

    1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods in accordance with the terms and conditions of this Agreement.
    2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date when the Buyer fills out the order form located on the palche.ua website, provided that the Buyer receives an electronic confirmation of the order from the Seller.
    3. The Seller guarantees that the Goods are not pledged, are not in dispute, are under seizure and are not subject to the rights of third parties.
    4. The Seller and the Buyer confirm that this Agreement is not a fictitious, pretended transaction, a transaction committed under the influence of violence or deception.
    5. The seller confirms that he has all the necessary permits to carry out business activities that regulate the scope of legal relations that arise and operate during the execution of the Agreement, and also guarantees that he has the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine. and undertakes to bear responsibility in case of violation of the Buyer's rights during the execution of the Agreement and sale of the Goods.
  3. Placing an order

    1. The buyer places an order independently on the palche.ua website, or by placing an order by e-mail or at the phone number indicated in the contact section of the palche.ua website.
    2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicions about their validity. In the event that the Goods ordered by the Buyer are not in the Seller's warehouse, the latter has the right to exclude the specified Goods from the order / cancel the Buyer's order, notifying the Buyer of this by sending a corresponding electronic message to the address specified by the Buyer during registration, or in another way. In the case of cancellation of a fully or partially prepaid Order, the price of the canceled Product shall be returned by the Seller to the Buyer in the manner in which the Product was paid for.
    3. When placing an order on the palche.ua website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
      1. Last name, first name of the Buyer
      2. The address to which the Goods should be delivered (if delivery to the Buyer's address)
      3. Contact phone number
      4. Identification code for a legal entity or an individual entrepreneur
    4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website palche.ua
    5. If any of the parties to the contract needs additional information, he 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 through the website palche.ua.
    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.
    7. The Buyer accepts the terms of this Offer by entering the relevant data into the registration form on the website palche.ua or when placing an Order through the operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.
    8. The buyer is responsible for the accuracy of the information provided when placing the Order.
    9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing the Order, the Buyer confirms the following:The buyer is fully and completely acquainted with and agrees with the terms of this offer (offer)It gives permission for the collection, processing and transfer of personal data, the 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 contract, the Buyer confirms that he has been informed (without additional notification) of the rights established by the Law of Ukraine 'On the Protection of Personal Data', about the purposes of data collection, as well as that his personal data is transferred to the Seller for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual 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 from the Buyer for the purpose of fulfilling the Buyer's order. The extent of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine on the Protection of Personal Data is known and understood by him.
  4. Price and delivery of goods

    1. Prices for the Goods are determined by the Seller independently and are indicated on the website palche.ua. All prices for Goods are indicated on the website palche.ua in hryvnias, excluding VAT.
    2. Prices for the Goods may be changed by the Seller unilaterally depending on the market situation. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
    3. The cost of the Product, which is indicated on the website palche.ua, does not include the cost of delivery of the Product to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current rates of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
    4. The price of the Product indicated on the website palche.ua does not include the cost of delivery of the Product to the Buyer's address.
    5. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending a letter to the e-mail or when placing an order through the operator of the website palche.ua.
    6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account.
    7. Settlements between the Seller and the Buyer for the Goods are made in the manner and order specified on the website palche.ua.
    8. When receiving the goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date) in the presence of the representative of the delivery service (carrier).
    9. The buyer or his representative, during the acceptance of the goods, confirms with his signature on the goods receipt / or in the order / or in the transport invoice for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.
    10. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods upon independent delivery of the Goods from the Seller, or when the Seller hands over the Goods to the delivery service (carrier) chosen by the Buyer.
  5. The rights and obligations of the parties

    1. The seller is obliged to:
      1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
      2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer's Order.
    2. The seller has the right to:
      1. Change the terms of this Agreement, as well as the prices of the Goods, unilaterally, by posting them on the website palche.ua. All changes take effect from the moment of their publication.
    3. The buyer undertakes:
      1. Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website palche.ua.
      2. In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as a Buyer and are sufficient for the delivery of the ordered Goods to the Buyer. For the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him him as the Buyer, and are sufficient for the delivery of the ordered Goods to the Buyer.
      3. To pay and receive the order on time in accordance with the terms of this Agreement.
    4. The buyer has the right to:
      1. Place an order on the corresponding page of the website palche.ua.
      2. To require the Seller to fulfill the terms of this Agreement.
  6. Warranty obligations

    1. The seller is responsible for defects found in the product during the warranty period.
    2. The warranty period for the Goods is counted from the date of transfer of ownership of the Goods and is the term specified in the operational documents. The specified warranty period for the main product and its components are specified in the operating documents. If defects in the Goods are discovered during the established warranty period, the Buyer shall notify the manufacturer within 5 days. If the detected defects of the Goods are not related to the Buyer's violation of the rules of use, transportation or storage of the Goods specified in the operational documents, the Seller will repair or replace the defective Goods (its parts) at his own expense.
    3. Warranty service is the free elimination of defects of the Product that arose due to the fault of the manufacturer, subject to compliance with the rules of storage, transportation and operation established by the manufacturer.
    4. To confirm the right to warranty repair and service of the purchased Product, the Buyer must present the warranty card. Claims will not be accepted without presentation of the completed coupon.
    5. Free warranty repair is carried out only if the Product is found to be defective due to a factory defect, and only during the period specified in the warranty card.
    6. Warranty obligations are canceled in the following cases:
      1. Any protective signs of the manufacturer's company are damaged.
      2. The serial numbers on the Goods or their markings do not correspond to the information specified in the warranty card.
      3. The product was repaired by unauthorized persons in violation of the manufacturer's requirements and safety regulations.
      4. Defects caused by changes due to the use of the product for a purpose that does not correspond to the established scope of application of this product, specified in the operational documents.
      5. The product is damaged or out of order due to violation of the rules and conditions of installation, connection, adaptation to the Buyer's local technical conditions, operation, storage and transportation.
      6. The goods were damaged as a result of military operations, natural disasters, fires, floods, earthquakes, household factors and other situations beyond the seller's control.
      7. The product has pronounced mechanical or other damage.
      8. There was damage caused by the entry of foreign objects, substances, liquids, etc. into the Product.
      9. Defects are caused by the use of consumables that do not meet operational requirements.
      10. There were damages caused by the use of non-standard spare parts, non-compliance with the terms of technical and preventive maintenance.
    7. Claims made by Buyers after the expiration of the warranty period are considered by the Seller in accordance with the procedure established by law.
  7. Responsibility

    1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.
    2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
    3. 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.
    4. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or The buyer after concluding this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
  8. Privacy and protection of personal data

    1. By providing his personal data on the palche.ua website when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to the performance of other actions provided for by the Law of Ukraine 'On the protection of personal data', without limiting the validity period of such consent.
    2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
    3. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency.
  9. Force majeure circumstances

    1. The parties shall not be liable for non-fulfilment of any of their obligations, with the exception of payment obligations, if they prove that such non-fulfilment was caused by force majeure, that is, events or circumstances that are truly beyond the control of such party that occurred after the conclusion of this Agreement, are unpredictable and unavoidable.
      Force majeure includes, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, accidents at sea, embargoes, disasters, restrictions imposed by state authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement
    2. The Party for which it became impossible to fulfill the obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, and also provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days. Such confirmation will be a reference, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
    3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
    4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.
      Despite the occurrence of force majeure, before terminating this Agreement as a result of force majeure, the Parties shall make final mutual settlements.
  10. Contract term

    1. The Agreement enters into force from the moment the Buyer submits an order on the website palche.ua, and is valid until the parties have finally fulfilled their obligations.
    2. The contract can be terminated before the end of its validity by agreement of the parties, in the case provided for in clause 3.2. of this Agreement and in other cases provided for by the legislation of Ukraine.
  11. Other conditions

    1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
    2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
    3. The seller has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

LLC 'GRANDPOSTACH'
45252, Volyn region, Lutsk district,
Palche village, str. Victory, bldg. 2B
EDRPOU code 37887249
TIN 378872403185
VAT certificate 200058048
settlement account UA503252680000026000114373001
Bank: JSC AKB 'Lviv'
MFO 380805