PUBLIC CONTRACT

Purchase and sale of goods

DEFINITION OF TERM

A public offer (hereinafter – the offer) is a public offer of the seller addressed to an indefinite number of persons to conclude a contract for the sale of goods with the seller by remote means (hereinafter – the contract) on the terms and conditions contained in this offer.

Online store (hereinafter referred to as the site) – the seller’s website at https://mountech.com.ua/, created for the presentation and sale of goods.

Goods – furniture, fasteners and other products, information about which is posted on the seller’s website and which is offered for sale.

Buyer – an adult capable individual who orders goods intended for personal, home or other use not related to entrepreneurial activity on the website.

Seller – INDIVIDUAL ENTREPRENEUR KHASIN VICTORIA (RNOKPP: 2912224405, , location: 30B Holoseevsky Avenue, apartment 33, Kyiv, Ukraine, 03040).

1. SUBJECT OF THE AGREEMENT

1.1. This agreement is public, i.e., according to Article 633 of the Civil Code of Ukraine, the seller undertakes to sell the goods presented on the website to anyone who contacts the seller, and the languages of the agreement are set the same for all buyers.

1.2. According to this agreement, the seller undertakes to transfer the goods to the buyer, and the buyer undertakes to accept and pay for the goods on the terms of this agreement.

1.3. The assortment/variety/nomenclature (hereinafter referred to as the name), quantity and price of the goods shall be determined by the parties by agreeing on the order (Section 3 of the Agreement).

2. QUALITY OF THE GOODS

2.1. The quality of the goods, the rules of their acceptance, transportation and storage shall comply with the requirements of the law and standards, technical specifications, other technical documentation establishing the requirements for the quality of the goods.

2.2 Containers and packaging shall ensure the safety of the goods during transportation under normal conditions.

2.3. The conditions of operation of the goods are established by the technical documentation attached to the goods.

3. PROCEDURE OF THE AGREEMENT ORDER

3.1. The order of the goods is carried out by the buyer on the website by providing the seller with information about the name and quantity of the goods, which are indicated in the “Cart” section by clicking the “ADD TO CART” or “BUY NOW” buttons.

3.2. When placing an order, the buyer must provide the information necessary for the seller to fulfill the order, namely:

    • name and surname of the buyer
    • phone number
    • e-mail address (e-mail);
    • terms of delivery of the goods (postal operator), city and delivery address or branch/post office number);
    • payment method for the product.

3.3 After providing information on the name and quantity of the goods, as well as information in accordance with clause 3.2 of the Agreement, the buyer confirms the order by clicking the “CONFIRM ORDER” button.

3.4. The seller reviews the order and approves or rejects it by sending the buyer a corresponding e-mail to the personal account (“My Account” section) and/or via messengers, telephone or e-mail based on the availability or unavailability of the ordered goods in the quantity specified by the buyer.

3.5. The Buyer is fully responsible for the accuracy of the information provided when placing an order, as well as all possible risks that may arise due to the inaccuracy or incompleteness of such information.

4. TERMS OF DELIVERY OF GOODS

4.1 Delivery of the goods to the Buyer is carried out by the postal operator on the terms and conditions specified by the Buyer when placing the order.

4.2 The seller’s obligation to transfer the goods to the buyer is considered fulfilled at the time of delivery of the goods to the postal operator selected by the buyer when placing the order.

4.3. The risk of accidental destruction or accidental damage to the goods shall be transferred to the buyer at the time of delivery of the goods to the postal operator chosen by the buyer.

4.4.Upon receipt of the goods, the buyer, in the presence of a representative of the postal operator, shall check the compliance of the goods with the qualitative and quantitative characteristics (name of the goods, their quantity and completeness).

4.5. By signing the shipping documents, the buyer confirms that there are no claims regarding the quantity, completeness and quality of the goods at the time of receipt.

5. PRICE AND TERMS OF PAYMENT FOR THE GOODS

5.1 The goods are offered for sale at the price indicated by the seller on the website.

5.2 The price of the goods may be changed by the seller unilaterally until the buyer places an order for the goods (by clicking the “CONFIRM ORDER” button).

5.3. The price of the goods indicated on the website includes all taxes provided for by the legislation of Ukraine and does not include the cost of delivery of the goods to the buyer. The buyer shall pay for the delivery of the goods directly to the postal operator chosen by him/her in accordance with the current tariffs of such operator.

5.4. Payment for the goods shall be made in the national currency of Ukraine – hryvnia in one of the ways indicated on the website in the section “Payment and Delivery” and chosen by the buyer when placing the order.

6. SELLER’S WARRANTY OBLIGATIONS

6.1. The seller guarantees the proper quality of the goods during the warranty period specified on the website in the description of the relevant product and in the documentation attached to the product.

6.2. The warranty period starts from the date of receipt of the goods by the buyer.

6.3. The seller’s warranty obligations do not apply to cases of defect or malfunction of the goods due to the buyer’s violation of the rules of operation or storage of the goods, actions of third parties, accident or force majeure (non-warranty cases), including, but not limited to, as a result of:

    • mechanical damage or other physical impact (including damage due to liquids, animals and/or insects, natural phenomena (rain, lightning, hail, fire, etc.), aggressive environment or extreme temperatures, etc;)
    • military operations, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine (including, but not limited to, as a result of shelling, direct hit or damage by debris, regardless of the type of ammunition; fire provoked by shelling, direct hit or fall);
    • continued use of the goods after the occurrence of a defect or malfunction;
    • use of the goods in violation of the rules of operation and/or maintenance;
    • negligence or carelessness of the buyer or third parties;
    • use of the goods for purposes other than their intended use;
    • any interference with the design of the goods, their alteration, modification, repair or attempts to do so.

6.4. In case of detection of defects in the goods within the established warranty period, the buyer has the right to make claims to the seller provided for by the Law of Ukraine “On Protection of Consumer Rights”.

6.5. The buyer shall make claims in the manner and within the time limits established by law.

7. RESPONSIBILITY

7.1. The parties shall be liable for violation of the terms of the Agreement in accordance with the Agreement and the law.

7.2. The seller shall not be liable for non-performance or improper performance of its obligations under the contract in case the buyer provides inaccurate, incomplete or false information when ordering the goods.

7.3. The seller is not responsible for the actions of third parties that may be involved in the performance of the contract, including the actions of payment services and/or postal operators.

7.4. The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement in the event of force majeure (hereinafter referred to as force majeure). Force majeure circumstances are extraordinary and unavoidable circumstances, the list of which is given in part 2 of Article 14 1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine”, which objectively exclude the fulfillment of obligations under the terms of the agreement, obligations under legislative and other regulatory acts.

8. TERM OF THE AGREEMENT

8.1. The Agreement is considered concluded and comes into force from the moment the Buyer clicks the “CONFIRM ORDER” button.

8.2. The buyer has the right to terminate the contract and return the goods within fourteen days from the date of receipt of the goods in accordance with the procedure established by law, in particular, the Law of Ukraine “On Protection of Consumer Rights”. To exercise the right to terminate the contract, the buyer must store the goods in an unchanged condition.

8.3. Except as provided by law, the buyer shall not be entitled to withdraw from the contract if:

    • the goods have been manufactured or processed to the buyer’s order, i.e. if the goods cannot be sold to other persons or can be sold only with significant financial losses to the seller
    • the goods have been used;
    • the presentation of the goods, their consumer properties, seals, labels, and payment documents have not been preserved.

8.4. In the event of termination of the agreement, the goods delivered to the buyer by post (postal operator) shall be returned by the post (postal operator), regardless of the grounds for such termination.

9. CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA

9.1. The seller guarantees that any information and data related to the buyer are confidential and will not be transferred to third parties without the prior written consent of the buyer, except when such transfer is related to the execution of the contract or payment of taxes, other mandatory payments, as well as in cases provided for by law.

9.2. By concluding an agreement and/or providing his personal data when registering on the site or placing an order, the buyer, as a subject of personal data, gives the seller permission to process his personal data on: surname, name, patronymic; phone number; e-mail address, as well as other personal data for the purpose(s) of ensuring the implementation of tax; administrative and legal; civil and economic (including contractual) relations; relations in the field of accounting; relations in the field of advertising and The Buyer has been notified of its rights established by Article 8 of the Law of Ukraine “On Personal Data Protection”.