PUBLIC CONTRACT
PUBLIC CONTRACT (OFFER)
for the ordering, sale, and delivery of goods
This contract constitutes an official and public offer by the Seller to enter into a contract for the sale of the Goods presented on the Asko-Ukraine Brand Online Store website. This contract is public; that is, 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, or individual entrepreneur), without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions regarding order placement, payment for goods, delivery of goods, returns, liability for fraudulent orders, and all other terms of the Agreement. The Agreement is deemed concluded upon clicking the “Confirm Order” button on the order placement page in the “Cart” section and the Buyer’s receipt of an electronic order confirmation from the Seller.
1. Definition of Terms
1.1. Public Offer (hereinafter referred to as the “Offer”)—a public proposal by the Seller, addressed to an indefinite group of persons, to enter into a contract with the Seller for the remote sale of goods (hereinafter referred to as the “Contract”) under the terms and conditions contained in this Offer.
1.2. Goods or Services—the subject matter of the transaction between the parties, which was selected by the Buyer on the Online Store’s website and added to the shopping cart, or has already been purchased by the Buyer from the Seller remotely.
1.2. Online Store – the Seller’s website at https://studio-bosch.com.ua, created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer’s review of the Product description provided by the Seller via the Internet.
1.3. Buyer – a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the Online Store’s website for purposes not related to the conduct of business activities, or a legal entity or individual entrepreneur.
1.4. Seller – SIMTEK Limited Liability Company (identification code 35441645), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: 04070, Kyiv, 12 Petra Sagaydachnogo St.
2. Subject Matter of the Agreement
2.1. 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.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement shall be deemed to be the date on which the Buyer completes the order form located on the Online Store’s website, provided that the Buyer receives an electronic order confirmation from the Seller. If necessary, at the Buyer’s request, the Agreement may be executed in writing.
3. Placing an Order
3.1. The Buyer places an order with the Online Store independently via the “Shopping Cart” form, or by placing an order via email or by calling the phone number listed in the Online Store’s “Contacts” section.
3.2. The Seller has the right to refuse to fulfill the order for the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.
3.3. When placing an order on the online store’s website, the Buyer agrees to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. the Buyer’s last name and first name;
3.3.2. the address to which the Goods are to be delivered (if delivery is 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 selected by the Buyer are indicated in the Buyer’s shopping cart on the online store’s website.
3.5. 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 providing quality service to the Buyer when purchasing goods from the online store.
3.6. When placing an order through the Seller’s operator (Section 3.1 of this Offer), the Buyer agrees to provide the information specified in Sections 3.3–3.4 of this Offer.
3.6. The Buyer’s acceptance of the terms of this Offer is effected by the Buyer entering the relevant data into the registration form on the online store’s website or when placing an Order through an operator. After placing an Order through an operator, the Buyer’s data is entered into the Seller’s database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By entering into the Contract—that is, by accepting the terms of this offer (the proposed terms for purchasing the Goods)—through the placement of an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer;
b) the Buyer grants consent for the collection, processing, and transfer of personal data; this consent remains valid for the entire term of the Contract, as well as for an unlimited period after its expiration. In addition, by entering into this Agreement, the Buyer confirms that they have been informed (without the need for additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data,” the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, certificates, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer the Buyer’s personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a data subject under the Law of Ukraine “On the Protection of Personal Data” is known and understood by the Buyer.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are listed on the online store’s website. All prices for Goods and services listed on the website are in hryvnias and include VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The price of the Product listed on the online store’s website does not include the cost of shipping the Product to the Buyer. The Buyer pays the shipping cost directly to the delivery service (carrier) of their choice in accordance with the current rates of such delivery services (carriers).
4.4. The price of the Goods listed on the online store’s website does not include the cost of delivering the Goods to the Buyer’s address.
4.5. The Seller may provide an estimated cost of delivery of the Goods to the Buyer’s address upon the Buyer’s request to the Seller, either by email or when placing an order through the online store’s operator.
4.6. The Buyer’s obligation to pay for the Goods is considered fulfilled upon receipt of the funds by the Seller into its account.
4.7. Payments between the Seller and the Buyer for the Goods are made using the methods specified on the online store’s website in the “Payment and Delivery” section.
4.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify that the Goods conform to the specified quality and quantity characteristics (product name, quantity, completeness, expiration date).
4.9. Upon acceptance of the Goods, the Buyer or their representative shall confirm with their signature on the sales receipt, order, or delivery waybill that they have no complaints regarding the quantity, appearance, or completeness of the Goods.
4.10. Title to the Goods and the risk of accidental loss or damage to the Goods shall pass to the Buyer or its Representative upon receipt of the Goods by the Buyer at the place of delivery, in the case of direct delivery of the Goods by the Seller, or upon the Seller’s transfer of the Goods to the delivery service (carrier) selected by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obligated 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 to disclose any confidential information about the Buyer and not to provide access to such information to third parties, except as required by law and when fulfilling the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1 Unilaterally amend the terms of this Agreement, as well as the prices for Goods and services, by posting them on the Online Store’s website. All amendments take effect upon publication.
5.3 The Buyer agrees to:
5.3.1 Before entering into the Agreement, review the content of the Agreement, its terms and conditions, and the prices offered by the Seller on the online store’s website.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary information that uniquely identifies the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food goods of satisfactory quality to the Seller if the goods do not meet the Buyer’s expectations in terms of shape, dimensions, style, color, or size, or if, for other reasons, the Buyer cannot use them for their intended purpose. The Buyer has the right to return goods of acceptable quality within 14 (fourteen) days, not including the day of purchase. Goods of acceptable quality may be returned if they have not been used and if their marketable appearance, consumer properties, packaging, seals, and labels have been preserved, along with the receipt issued to the Buyer for payment of the Goods. The list of goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. The cost of goods of acceptable quality shall be refunded to the Buyer within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements set forth in Section 6.1 of the Agreement and applicable Ukrainian law are met.
6.3. The cost of the goods shall be refunded via bank transfer to the Buyer’s account.
6.4. The return of goods of acceptable quality to the Seller’s address shall be at the Buyer’s expense, and the Seller shall not reimburse the Buyer for such return.
6.5. If defects in the Goods are discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the time limits established by the laws of Ukraine, has the right to make claims against the Seller as provided for by the Law of Ukraine “On the Protection of Consumer Rights.” When claims are made for the free rectification of defects, the period for their rectification shall be calculated from the date the Seller receives the Goods into its possession and gains physical access to such Goods.
6.6. The Seller shall consider claims provided for by the Law of Ukraine “On the Protection of Consumer Rights” provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules for use or storage of the Goods, the actions of third parties, or force majeure.
6.7. The Buyer may not refuse to accept a product of proper quality that has individually specified characteristics if said product can be used exclusively by the Buyer who purchased it (including, at the Buyer’s request, non-standard sizes, specifications, appearance, configuration, and so on). Evidence that the goods have individually specified characteristics is the difference in the goods’ dimensions and other specifications listed in the online store.
6.8. Returns of goods, in cases provided for by law and this Agreement, shall be made to the address specified on the website in the “Contacts” section.
7. Liability
7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Product purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer shall be liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be exempt from liability for the full or partial failure to fulfill their obligations if such failure results from force majeure circumstances such as: war or military actions, earthquakes, floods, fires, and other natural disasters that occurred beyond the control of the Seller and/or the Buyer after the conclusion of this Agreement. The Party unable to fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and Protection of Personal Data.
8.1. By providing their personal data on the Online Store’s website during registration or when placing an Order, the Buyer voluntarily consents to the Seller’s processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine “On the Protection of Personal Data,” without any time limit on the validity of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. It shall not be considered a breach for the Seller to provide information to counterparties and third parties acting under a contract with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where the disclosure of such information is required by the applicable laws of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for the improper performance or non-performance of its obligations due to the Buyer’s information being out of date or inaccurate.
9. Other Terms
9.1. This agreement is entered into within the territory of Ukraine and is governed by the applicable laws of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a resolution to the dispute cannot be reached through negotiations, the Buyer and/or the Seller have the right to seek resolution of the dispute through the courts in accordance with the current laws of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally, as provided for in Section 5.2.1 of the Agreement. In addition, amendments 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.
SELLER’S ADDRESS AND BANK DETAILS:
SIMTEK LLC
04070, Kyiv, 12 Petra Sagaydachnogo St.
Account No. UA593052990000026006005007533 at PJSC “PRIVATBANK”
MFO 305299
EDRPOU Code 35441645
Taxpayer Identification Number (TIN) 35441642