PUBLIC OFFER AGREEMENT
This Public Offer Agreement is a public agreement in accordance with the Civil Code of Ukraine.
Pursuant to Article 633 of the Civil Code of Ukraine, a public agreement is an agreement in which one party – an entrepreneur – undertakes the obligation to sell goods, perform works, or provide services to anyone who applies to it (retail trade). The terms of a public agreement shall be the same for all consumers, except for those granted certain benefits by law. The Seller has no right to give preference to one consumer over another regarding the conclusion of a public agreement, unless otherwise provided by law.
1. Definition of Terms
1.1 Public Offer (hereinafter – the “Offer”) – a public proposal of the Seller, addressed to an indefinite number of persons, to conclude with the Seller a contract for the remote purchase and sale of goods (hereinafter – the “Agreement”) under the terms set forth in this Agreement.
1.2 Public Offer Agreement – a public contract, the sample of which is published on the website at the link: https://wobs.ua/privacypolicy/, under which one party – the Seller – undertakes the obligation to sell goods to anyone who applies to it (retail trade). The use of this Agreement is mandatory for all persons wishing to purchase Goods placed on the Website.
1.3 Online Store – the Seller’s website located at wobs.ua.
1.4 Goods – the object of the transaction between the Parties, selected by the Buyer on the Seller’s website and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
1.5 Warranty Period – the period during which the Seller undertakes to replace the respective product due to its introduction into circulation.
1.6 Buyer – any legally capable natural person in accordance with the current legislation of Ukraine who visits the Website and intends to purchase or has purchased any Goods presented on the Online Store for purposes not related to entrepreneurial activity.
1.7 Seller – Sole Proprietor Tsibrovska I. A. (individual tax identification number 2622717443), a natural person-entrepreneur registered and operating in accordance with the current legislation of Ukraine, with its registered address: 46 Shevchenka Street, Khmelnytskyi, Ukraine.
2. Subject of the Agreement
2.1 Under this Agreement, the Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2 This Agreement defines the rules for placing and processing Orders, returning or exchanging Goods, as well as other related terms and conditions.
3. Procedure for Concluding the Agreement
3.1 Placing an Order constitutes the Buyer’s intention to conclude this Public Offer Agreement with the Seller.
3.2 Creating an account on the Website is not mandatory for placing an Order.
3.3 The Buyer independently places an order in the Online Store via the order form on the Website, or through email, or by phone number specified in the “Contacts” section of the Online Store.
3.4 The name, quantity, item code, and price of the Goods selected by the Buyer are indicated in the Buyer’s shopping cart on the Online Store’s Website.
3.5 When placing an order on the Website, via email, or by phone, the Buyer must provide the following mandatory information required by the Seller to fulfill the order:
3.5.1. Buyer’s last name and first name;
3.5.2. Delivery address;
3.5.3. Contact phone number and email address.
3.6 By providing their personal data on the Online Store’s Website during registration or when placing an Order, the Buyer gives the Seller voluntary consent to the processing and use (including transfer) of their personal data, as well as to other actions stipulated by the Law of Ukraine “On Personal Data Protection,” without any time limitation on such consent.
3.7 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 necessary information, the Seller shall not be liable for the quality of service provided to the Buyer when purchasing Goods through the Online Store.
3.8 When placing an order on the Online Store’s Website, the Buyer confirms familiarity with and full acceptance of the terms of this Public Offer Agreement by entering the required data in the order/registration form and clicking the “Place Order” button.
3.9 When placing an order through an operator, the Buyer confirms familiarity with and full acceptance of the terms of this Offer by giving oral consent to the operator after reviewing the terms of this Public Offer Agreement in accordance with Article 642 of the Civil Code of Ukraine.
3.10 After the order is placed and payment for the Goods (in case of prepayment) is received from the Buyer, the Seller confirms the order by sending an email to the Buyer’s email address specified during order placement. The confirmation includes the product assortment, price, delivery time, and other related details.
3.11 After placing an Order through an operator, the Buyer’s data is entered into the Seller’s database.
3.12 By concluding this Agreement – that is, by accepting its terms through placing an Order – the Buyer confirms the following:
a) The Buyer has fully read and agrees with all terms and conditions of this Public Offer Agreement;
b) The Buyer consents to the collection, processing, and transfer of their personal data. Such consent remains valid for the entire duration of this Agreement and indefinitely after its termination. The Buyer also confirms that they are informed (without additional notification) of their rights under the Law of Ukraine “On Personal Data Protection,” of the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of executing this Agreement, enabling settlements, and 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 notice to the Buyer for the purpose of fulfilling the Buyer’s order. The Buyer is aware of and understands their rights as a data subject under the Law of Ukraine “On Personal Data Protection.”
4. Price of Goods and Payment Procedure
4.1 The price of the Goods is indicated on the Online Store’s website next to the specific item.
4.2 The Seller has the right to unilaterally change the price of any item of Goods before the Order is placed. The price of Goods ordered by the Buyer shall not be subject to change.
4.3 The Buyer shall pay for the ordered Goods using one of the methods specified on the Online Store’s Website.
4.4 The Seller has the right to provide discounts on Goods and establish a loyalty program. The types of discounts, bonuses, their amount, and the conditions for granting are determined by the Seller and may be changed at any time without prior notice to the Buyer.
4.5 When paying by bank transfer, the Buyer shall be responsible for the accuracy of the payment details. The Seller shall not be liable for any delay in payment processing by third-party payment systems.
5. Delivery of Goods
5.1 The Seller delivers Goods across the territory of Ukraine in accordance with the delivery conditions specified on the Online Store’s Website.
5.2 The Seller is not responsible for delivery delays caused by the carrier (postal or courier service).
5.3 Delivery of Goods is carried out to the Buyer’s specified address or to the branch of the carrier company chosen by the Buyer.
5.4 Ownership and risk of accidental loss or damage to the Goods shall pass to the Buyer at the moment the Goods are handed over to the carrier.
5.5 Upon receipt of the Goods, the Buyer shall check their appearance, completeness, and compliance with the Order.
5.6 If the Buyer fails to receive the Goods through their own fault (including providing incorrect data), the Seller shall not be liable for the failure to fulfill delivery obligations.
6. Return and Exchange of Goods
6.1 The Buyer has the right to exchange or return Goods of proper quality within 14 (fourteen) calendar days from the date of receipt, provided the Goods have not been used and their presentation, packaging, and documents confirming purchase are preserved.
6.2 The Buyer has no right to return Goods that belong to the category of non-returnable items as defined by the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994.
6.3 The return of Goods is carried out in accordance with the Law of Ukraine “On Protection of Consumer Rights.”
6.4 The Buyer bears all costs related to the return of Goods, except in cases where the return is due to an error of the Seller.
6.5 If the Goods are returned, the Seller refunds the Buyer’s payment within 10 (ten) banking days from the date of receiving the returned Goods.
7. Warranty and Claims
7.1 The Seller guarantees the conformity of the delivered Goods with the characteristics stated on the Website.
7.2 The warranty period for the Goods is determined by the manufacturer and is indicated on the product page or accompanying documentation.
7.3 The Buyer shall have the right to make claims regarding the quantity, quality, completeness, or other deficiencies of the Goods in accordance with the Civil Code of Ukraine and the Law of Ukraine “On Protection of Consumer Rights.”
7.4 The Seller is not responsible for defects in the Goods that occurred due to the Buyer’s violation of storage, transportation, or usage rules.
8. Responsibilities of the Parties
8.1 The Seller shall not be liable for damage caused to the Buyer due to improper use of the Goods purchased on the Website.
8.2 The Seller shall not be liable for delays or failure to fulfill obligations resulting from force majeure circumstances, including but not limited to: natural disasters, fires, floods, military actions, strikes, interruptions in transportation or energy supply, actions of public authorities, or other events beyond the control of the Seller.
8.3 The Buyer is responsible for the accuracy of the data provided when placing the Order.
8.4 If the Buyer provides false information that led to the impossibility of fulfilling the Seller’s obligations under this Agreement, the Seller shall not be liable for non-performance.
8.5 In case of violation by the Buyer of the terms of this Agreement, the Seller has the right to unilaterally terminate the Agreement by notifying the Buyer by email or phone.
9. Confidentiality and Personal Data Protection
9.1 The Buyer provides the Seller with permission to collect, process, and use their personal data for the purpose of fulfilling this Agreement and ensuring the functioning of the Online Store.
9.2 The Seller undertakes to ensure the confidentiality of the Buyer’s personal data in accordance with the Law of Ukraine “On Personal Data Protection.”
9.3 The Seller has the right to transfer the Buyer’s personal data to third parties (for example, courier services or payment systems) solely for the purpose of fulfilling this Agreement.
9.4 The Seller shall not disclose the Buyer’s personal data to third parties except as required by law or for the purpose of fulfilling the Buyer’s Order.
9.5 The Buyer has the right to request information about the processing of their personal data, as well as to demand correction or deletion of such data, in accordance with current Ukrainian legislation.
10. Other Terms
10.1 The Seller reserves the right to amend this Public Offer Agreement unilaterally at any time. The updated version of the Agreement shall enter into force from the moment it is published on the Website.
10.2 All disputes arising between the Seller and the Buyer shall be resolved through negotiations. If the Parties fail to reach an agreement, the dispute shall be resolved in accordance with the legislation of Ukraine.
10.3 The Seller has the right to assign or transfer its rights and obligations under this Agreement to third parties without the Buyer’s consent.
10.4 The invalidity of any clause of this Agreement shall not affect the validity of the remaining provisions.
10.5 The fact of placing an Order confirms that the Buyer has read, understood, and agrees to all terms of this Public Offer Agreement.
11. Seller’s Details
Seller: Sole Proprietor Tsibrovska Iryna Anatoliivna
Registration number (TIN): 2622717443
Registered address: 46 Shevchenka Street, Khmelnytskyi, Ukraine