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    Public Offer Contract

    This Agreement is an official and public offer from the Seller to conclude a sales contract for the Goods presented on the website https://ekor.ua.

    This Agreement is public, meaning that 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, or sole proprietor) without granting preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions for placing an order, paying for the Goods, delivering the Goods, returning the Goods, liability for fraudulent orders, and all other provisions of the Agreement.

    The contract is considered concluded from the moment the “Order” button is clicked, and the Buyer receives confirmation of the order from the Seller in electronic form.

    Definitions of Terms

    • Public Offer (hereinafter referred to as the “Offer”) – the Seller’s public proposal addressed to an indefinite number of persons to enter into a sales contract with the Seller for the Goods via remote means (hereinafter referred to as the “Agreement”) on the terms outlined in this Offer.
    • Goods – the object of the agreement between the parties, selected by the Buyer on the Seller’s website and placed in the cart, or already purchased by the Buyer from the Seller via remote means.
    • Online Store: The Seller’s website at https://ekor.ua, created for the purpose of concluding retail sale contracts based on the Buyer’s review of the goods description provided by the Seller over the Internet.
    • Buyer – an individual with full legal capacity, aged 18 or older, who receives information from the Seller, places an order to purchase goods presented on the Online Store’s website for purposes not related to business activities, or a legal entity or sole proprietor.
    • Seller – “EKOR T3” LLC. Address: 46099, Ukraine, Ternopil, Denys Lukiyanovych St., 3a. Company Code: 02973445; Certificate: № 200017256; Tax ID: 029734419185. IBAN UA 983052990000026006013303047. “Privatbank,” Ternopil Branch, MFO 338783. Phone: +38 (067) 557-88-42; e-mail: [email protected].
    • Order – the selection of specific items from the list of goods, specified by the Buyer during order placement and payment.

    Subject of the Agreement:

    The Seller agrees to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods under the terms of this Agreement.

    The date of execution of the Offer Contract  and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is considered the date the Buyer completes the order form on the Online Store’s website, provided that the Buyer receives electronic confirmation of the order from the Seller. At the Buyer’s request, the Agreement can be formalized in writing if necessary.

    Placing an Order:

    The Buyer independently places an order in the Online Store using the “Order” form, or by placing an order via email or phone, as listed in the Online Store’s contact section.

    The Seller reserves the right to refuse to fulfill the order if the information provided by the Buyer during order placement is incomplete or raises suspicions about its authenticity.

    When placing an order on the Online Store website, the Buyer is required to provide the following mandatory information needed by the Seller to fulfill the order:

    3.3.1. Buyer’s last name, first name, email address;

    3.3.2. Delivery address (if delivery to the Buyer’s address is required);

    3.3.3. Contact phone number.

    The name, quantity, and price of the Goods selected by the Buyer are specified in the Buyer’s cart on the Online Store’s website.

    If either Party 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 quality service when purchasing goods in the Online Store.

    By accepting the terms of this Offer, the Buyer confirms the following: 

    a) The Buyer has fully familiarized themselves with and agrees to the terms of this Offer; 

    b) The Buyer grants consent for the collection, processing, and transfer of personal data. The consent for personal data processing is valid for the entire duration of the Agreement and beyond, only as long as necessary for their lawful purposes unless otherwise provided by law. Moreover, by entering into the Agreement, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that their personal data is transferred to the Seller for the fulfillment of the Agreement, for the possibility of conducting 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 notification to the Buyer for the purpose of fulfilling 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 understood by them.

    Personal data is deleted or destroyed in accordance with the procedures established by law. Personal data is subject to deletion or destruction in the following cases:

    • the expiration of the data storage period defined by the subject of personal data’s consent for processing or by law;
    • the termination of the legal relationship between the subject of personal data and the controller or processor, unless otherwise provided by law;
    • the issuance of a corresponding order by the Commissioner or by designated officials of the Secretariat of the Commissioner;
    • the enforcement of a court decision regarding the deletion or destruction of personal data.

    Price and Delivery of Goods

    The prices for Goods and Services are determined independently by the Seller and are listed on the website of the Online Store. All prices for Goods and Services are indicated in Ukrainian hryvnias, including VAT.

    The prices of Goods and Services may be changed by the Seller unilaterally, depending on market conditions. However, the price of a particular unit of Goods that has been fully paid by the Buyer cannot be changed by the Seller unilaterally.

    The Buyer’s payment obligation for the Goods is considered fulfilled when the funds are received in the Seller’s account.

    After receiving payment from the Buyer, the Seller sends an electronic receipt to the Buyer’s email, and the original receipt is provided with the Goods.

    Payments between the Seller and the Buyer for the Goods are made using the methods specified on the Online Store’s website in the “Delivery and Payment Terms” section.

    Upon receiving the goods, the Buyer must, in the presence of the delivery service representative (carrier), verify that the Goods meet the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).

    The Buyer or their representative confirms, by signing the sales receipt or order or shipping invoice, that they have no claims regarding the quantity, appearance, or completeness of the goods.

    Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their representative upon receipt of the Goods in the city of delivery, either by picking them up from the Seller or upon the transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.

    Rights and Obligations of the Parties

    5.1. The Seller is obligated 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 grant access to such information to third parties, except in cases provided by law or when fulfilling the Buyer’s order.

    5.2. The Seller has the right to:

    5.2.1 Unilaterally change the terms of this Agreement and the prices for Goods and Services by posting them on the Online Store’s website. All changes take effect immediately upon publication.

    5.3 The Buyer is required to:

    5.3.1 Familiarize themselves with the content of the Agreement, its terms, and the prices offered by the Seller on the Online Store’s website before concluding the Agreement.

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

    Return of Goods

    Food products available for order on the Website are not subject to exchange or return, according to the Resolution of the CMU No. 172 dated 19.03.1994 “On the implementation of certain provisions of the Law of Ukraine ‘On Consumer Protection’,” with amendments and supplements.

    When receiving an Order, the Buyer inspects it for compliance with the assortment, completeness, quality, and the presence of packaging defects. In case of non-compliance, the Buyer may refuse the Goods.

    The procedure for exchange and return, in case the Buyer discovers Goods of inadequate quality, is regulated by Article 8 of the Law of Ukraine “On Consumer Protection.”

    Claims for the return of food products may be considered if the appearance of the product does not meet the normal/required appearance for this product category, or if the expiration date has passed at the time of sale. According to the Law of Ukraine “On Consumer Protection,” a return is possible only if the receipt and the damaged Goods are provided.

    Liability

    The Seller is not responsible for any damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.

    The Seller is not liable for improper or untimely fulfillment of orders and obligations if the Buyer provided false or incorrect information.

    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.

    The Seller or the Buyer is released from responsibility for partial or complete failure to fulfill their obligations if such failure is due to force majeure (unforeseen circumstances beyond control) circumstances such as war, military actions, earthquakes, floods, fires, or other natural disasters that occurred independently of the will of the Seller and/or Buyer after the conclusion of this Agreement. The party that cannot fulfill its obligations must immediately inform the other party.

    Confidentiality and Protection of Personal Data

    By providing their personal data on the Online Store’s website during registration or placing an order, the Buyer gives the Seller voluntary consent for the processing, use (including transfer) of their personal data, and other actions provided for by the Law of Ukraine “On Personal Data Protection,” without limiting the duration of such consent.

    The Seller is obligated 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 on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where such disclosure is required by Ukrainian law.

    The Buyer is responsible for maintaining the accuracy of their personal data. The Seller is not responsible for poor performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.

    Other Terms

    This Agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.

    All disputes between the Buyer and the Seller are resolved through negotiations. If the dispute cannot be settled through negotiations, the Buyer and/or Seller have the right to appeal to the courts according to the current legislation of Ukraine.

    The Seller has the right to unilaterally amend this Agreement as provided in Clause 5.2.1. Additionally, changes to the Agreement may be made by mutual consent of the Parties in accordance with the current legislation of Ukraine.

    SELLER’S ADDRESS: LLC “EKOR T3.” Address: 46099, Ukraine, Ternopil, Denys Lukiianovych Street, 3a.