CSKA Kyiv
CSKA Kyiv

Public Offer

This Public Offer Agreement is an official offer of the Seller to an unlimited number of persons to enter into the Agreement with the Seller on the remote supply of goods according to the terms and conditions provided for by this offer by placing an Order on the Online Store on the website https://cska.in.ua/

TERMS AND DEFINITIONS

Public Offer Agreement shall mean a public agreement, the terms and conditions of which according to Articles 633 and 641 of the Civil Code of Ukraine shall be the same for all Buyers, unconditional acceptance of the terms and conditions of which by the Buyer (payment for the Goods according to Part 2 of Article 642 of the Civil Code of Ukraine) shall be considered the acceptance of this Agreement between the Seller and the Buyer.

Online Store shall mean the corresponding software and functional complex placed on the website at https://cska.in.ua/, which allows viewing the Goods, their appearance, specifications, price, payment terms and conditions, etc., making the appropriate order, etc.

Administration shall mean Public Organization Public Association of CSKA Ukraine registered under the Ukrainian legislation, registration number in the Unified Register of Public Associations of Ukraine: 1477491, tel.: +38 063 062-33-14, which is the owner of the website https://cska.in.ua/.

Seller shall mean a legal entity or sole proprietor who places information about the goods and/or services it sells in the online store. Either the Administration or any business entity to whom the Administration granted the right to post information about the Goods and/or services may be the Seller. The name of the Seller shall be indicated in the documents on the transfer of the Goods to the Buyer.

Acceptance shall mean acceptance by the person of the offer to conclude the Agreement (by clicking the “Place an order” link or by placing an order through the operator of the online store).

Offer shall mean the Seller's offer to enter into this Public Offer Agreement according to the terms and conditions set forth herein addressed to an unlimited number of persons.

Order Placement shall mean the Buyer's Goods purchase order addressed to the Seller for its execution and shall be carried out by the Buyer by placing an order on the online store by clicking the “Place an order” link or giving consent to place an order to the online store operator.

Order Confirmation shall mean notification of the Seller about receiving the order from the Buyer and acceptance of such order for execution.

Buyer shall mean any person who accepted this public offer.

Parties shall mean the collective name of the Seller and the Buyer.

Goods shall mean any goods information about which is posted on the Online Store.

 1. GENERAL PROVISIONS

 1.1. This Public Offer Agreement is a public agreement according to Articles 633 and 641 of the Civil Code of Ukraine, the terms and conditions of which shall be the same for all Buyers.
1.2. The fact of placing an order by the Buyer (by clicking the “Place an order” link or by placing an order through the operator of the online store) according to Part 2 of Article 642 of the Civil Code of Ukraine shall be considered the acceptance hereof by the Buyer.
1.3. The Agreement concluded on the basis of the Buyer's acceptance of this offer is the Accession Agreement the Buyer concludes without any exceptions and/or reservations.
1.4. The Administration of the Online Store may at any time, without notice, make any amendments hereto, to the materials and information published on the Online Store. Under no circumstances shall the Administration be responsible for irrelevance of the information on the website, any damages resulting from the use, inability to use, or the results of the use of the online store resource.

2. SUBJECT MATTER OF THE AGREEMENT


2.1. The Seller shall transfer the Goods to the Buyer under the terms and conditions hereof, and the Buyer shall take possession of the Goods and pay for them under the terms and conditions hereof.
2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, fraudulent transaction or a transaction committed under violence or deception.

THE MOMENT OF AGREEMENT CONCLUSION

3.1. Acceptance by the Buyer of the offer to conclude the Agreement (Acceptance) shall be carried out by placing an order for the Goods on the Online Store. The confirmation of the order by the Seller shall be the moment of Agreement conclusion.
3.2. The fact of placing an order by the Buyer shall be an indisputable fact confirming that the Buyer accepts the terms and conditions hereof, including the consent of the Buyer to receive promotional materials by means of communication (including but not limited to e-mail and mobile communication). At any time, the Buyer may refuse to receive promotional materials in the My Account section of the online store.

4. ORDER PLACEMENT

4.1. The Goods shall be ordered by the Buyer through the Online Store or with the help of the Online Store operator.

4.2. The order can be placed through the online store after registration In this case, the Buyer shall have the right to register on the website only 1 (one) time, i.e. may have only one personal account.

4.3. When registering with the Online Store, or when ordering the Goods with the help of the online store operator, the Buyer shall provide the following information about him/herself:
- Surname, name, patronymic of the Buyer;
- contact phone of the Buyer;
- e-mail address for communication with the Buyer;
- Goods delivery address (if it is necessary to deliver the Goods).

4.4. A Buyer that registers with the Online Store shall receive individual identification by receiving a login and a password. It is prohibited for the Buyer to transfer the login and password to third parties.

4.5. The Buyer shall place an order by clicking the “Place an order” link or by confirming the order to the operator of the online store, respectively.
Placement of the Order by the Buyer and its further transfer for execution shall mean sufficient and full familiarization of the Buyer with the price of the Goods, technical characteristics of the Goods, their functionalities, information on the terms and conditions of delivery and warranty service.

4.6. The order shall be considered accepted by the Seller and subject to execution after Confirmation of the order by the latter (the message of the Seller sent by means of communication to the Buyer shall be considered to be the confirmation of the order).

If the Goods ordered are absent in the Seller's warehouse, among other things, for reasons beyond the control of the Seller, the Seller shall have the right to cancel the specified Goods from the Buyer's Order and notify the Buyer.

4.7. Any information on the Goods contained on the official website of the Seller is for reference only and may not be construed as that fully conveying all the properties and characteristics of the Goods. Should the Buyer have any questions about the properties and characteristics of the Goods before ordering the Goods, he/she shall consult the operator of the Online Store.

5. PRICE OF GOODS AND TERMS OF PAYMENT

5.1. The price at which the Goods are sold shall be indicated in the documents on the transfer of the Goods to the Buyer.

The Seller shall have the right to unilaterally change the prices of the Goods. At the same time, the prices for the Goods ordered by the Buyer (after confirmation of the order by the Seller) shall not be subject to change.

5.2. Payment for the Goods shall be made by the Buyer in cash (in case of receipt of the Goods in the Seller's warehouses or post offices) or by wire transfer to the current account of the Seller. Settlement currency is hryvnia.

5.3. The Buyer shall pay for the Goods ordered within the time agreed by the Parties during order placement.

5.4. In the case of a non-cash payment method, the Buyer's obligations to pay for the Goods shall be considered fulfilled from the moment when the funds are credited to the current account of the Seller (its branch).

5.5. If the Goods are sold at a discount, information on the availability and amount of the discount shall be posted on the official website of the Seller and shall be for reference only. The price at which the Goods are sold shall be indicated according to clause 5.1. Discounts shall not be summarized or added to other discounts.

6. TERMS OF DELIVERY

6.1. The Seller's obligations to deliver the Goods to the Buyer shall arise from the moment the confirmation of the order is sent to the Buyer.

6.2. Terms of delivery of the Goods to the Buyer shall be agreed by the Parties in each case and recorded in the order confirmation. The date of delivery of the Goods shall be indicated in the invoices for the Goods.

6.3. The Goods may be delivered to the Buyer at one of the Seller's warehouses (the list of which is specified in the Contacts section of the Online Store) or delivered to the Buyer at the address specified by the latter. Upon delivery of the Goods to the Buyer at the address specified by him/her, transportation of such Goods shall be carried out at the expense of the Buyer.
Delivery of the Goods to the Buyer shall be carried out:
6.3.1. at the addresses of warehouses-shops of the Seller (pick-up);
6.3.2. by the Seller's transport to the address specified by the Buyer;
6.3.3. by carrier (postal service, delivery service, courier service, etc.) to the point of delivery or at the address specified by the Buyer.
When delivering the Goods with the help of the carrier, the Buyer shall fully and unconditionally agree with the Rules of Carriage of the carrier's company (including the cost of delivery).

6.4. Title to the Goods shall pass from the Seller to the Buyer:
- from the moment of delivery of the Goods to the Buyer (in case of receipt by the Buyer of the Goods at one of the warehouses-shops of the Seller / in the shop / trade premises, or delivery according to clause 6.3.2. hereof). Signing of the invoice for such Goods by the Parties shall be considered as the moment of transfer of the Goods to the Buyer;
- from the moment the Seller transfers the Goods to the carrier (delivery service, courier service, etc.).

6.5. The Seller's obligation to transfer the Goods in the cases provided for in clauses 6.3.1 and 6.3.2 hereof shall be deemed fulfilled from the date of signing the delivery note by the Parties. The risk of accidental damage to the Goods shall pass to the Buyer from the date of signing the invoice.

6.6. Obligations of the Seller to transfer the Goods in the cases provided for in clause 6.3.3 hereof shall be considered fulfilled, and the risk of accidental damage to the Goods shall pass to the Buyer at the time of transfer of the Goods by the Seller to the carrier. The carrier shall be responsible for delivery of the Goods to the place of delivery.

6.7. The Goods shall be received by quantity and quality at the place of transfer of the Goods from the Seller (carrier) to the Buyer. Upon receipt by the Buyer of the Goods, claims regarding the quantity, contents, and type of the Goods shall not be accepted.

7. 7. RETURN OF THE GOODS

7.1. The Buyer shall have the right to return to the Seller non-food Goods of proper quality if they did not satisfy him/her in shape, dimensions, style, color, size, or for other reasons cannot be used as intended. The Buyer shall have the right to return the Goods of proper quality within 14 (fourteen) days, exclusive of the day of purchase. Return of the Goods of proper quality shall be carried out if they have not been used and their market condition, consumer properties, seals, labels, as well as the settlement document issued together with the Goods sold are preserved. The list of the Goods not subject to return on the grounds provided for in this clause shall be approved by the Cabinet of Ministers of Ukraine.

7.2. Consideration of the Buyer's requirements, including those relating to the return of the Goods, shall be subject to the provision by the Buyer of the documents required by the current Ukrainian legislation (including a written application).

8. RIGHTS AND OBLIGATIONS OF THE SELLER

8.1. The Seller shall be entitled to:
- at any time make amendments to this Agreement, materials and information (including data about the Goods) offered on the Online Store;
- refuse to enter into the Public Offer Agreement if it does not have the opportunity to sell the relevant Goods to the Buyer;
- record telephone conversations with the Buyer;
- suspend the sale of the Goods to the Buyer in case of the Buyer's breach of his/her obligations (including but not limited to non-payment for the Goods ordered) hereunder;
- require the Buyer to perform his/her obligations hereunder in good faith;
- without the consent of the Buyer, transfer its rights and obligations hereunder to the third parties.

8.2. The Seller shall:
- send the Buyer a confirmation of the order or inform him/her of the impossibility of fulfilling the Buyer's order;
- transfer the Goods to the Buyer after payment for such Goods;
- check the quality and quantity of the Goods when they are transferred to the Buyer;
- not disclose any confidential information of the Buyer and shall not provide access to this information to the third parties, except as provided for by the law of Ukraine (the disclosure of information by the Seller to contractors and third parties acting under the Agreement with the Seller, including to fulfill obligations to the Buyer shall not be considered a violation);
- prevent attempts of unauthorized access to information and/or its transfer to persons who are not directly related to the execution of Orders; timely detect and terminate such facts;
- properly comply with the terms and conditions hereof.

9. RIGHTS AND OBLIGATIONS OF THE BUYER

9.1. The Buyer shall have the right to:
- register with the Online Store;
 - in case of disagreement with any clause of the offer, refuse to purchase the Goods, register on the Online Store, and any other actions provided for herein;
 - seek advice from the Seller on the properties and characteristics of the Goods;
 - require the Seller to perform its obligations hereunder in good faith;
 - other rights provided for by the current Ukrainian legislation

9.2. The Buyer shall:
 - before concluding the Agreement, familiarize him/herself with the content and the terms and conditions hereof, the prices for the Goods offered by the Seller on the Online Store;
- communicate all necessary data identifying him/her as a Buyer and necessary for registration with the Online Store by entering data when registering on the Online Store, or by communicating the necessary information to the operator of the online store, and maintain their relevance;
- timely pay for the Goods ordered (and their delivery, if necessary to deliver the Goods);
- duly execute the acceptance of the Goods (including signing and transferring to the Seller the relevant documents on the receipt of the Goods), provide an identity document (identity document of the person authorized to receive the Goods);
- check the quality and quantity of the Goods upon their receipt from the Seller;
- not disclose any confidential information of the Seller and not provide access to this information to the third parties, except as provided by the laws of Ukraine; not transfer the login and password received during registration to the third parties, and be responsible for non-fulfillment of this obligation;
 - properly comply with the terms and conditions hereof.

10. RESPONSIBILITY OF THE PARTIES AND DISPUTES RESOLUTION

10.1. The Parties shall be liable for non-performance or improper performance of their obligations hereunder according to the current Ukrainian legislation.

10.2. The Buyer shall, by placing an order, be responsible for the accuracy of personal information provided to the Seller (including, but not limited to, the information specified in clause 4.3. hereof), and shall confirm that he/she is familiar with the terms and conditions hereof and agree with them. The Seller shall not be responsible for the accuracy and correctness of the information provided by the Buyer during registration.

10.3. The Seller shall not be liable for the inability to fulfill the Buyer's order if such inability is due to circumstances beyond the control of the Seller, including, but not limited to, disruption of communication lines, equipment failure, etc.

10.4. The Seller's general liability for non-fulfillment or improper fulfillment of the terms and conditions hereof shall be limited to the amount of the Buyer's payment made on the basis hereof.

10.5. The Goods warranty shall be provided according to the warranty established by the manufacturer of the Goods. The Seller shall not be responsible for the damage to the Goods in cases not recognized by the warranty provided by the manufacturer of the Goods, as well as in cases of violation by the Buyer of the terms and conditions of storage and/or operation of the Goods.

11. FORCE MAJEURE

11.1. The period of fulfillment by the Parties of their obligations hereunder may be suspended only in case of force majeure circumstances, videlicet: fire, acts of God, armed conflict, significant change in the Ukrainian legislation, which complicates or prevents the Party from fulfilling its obligations hereunder, or in other circumstances beyond the control of the Parties.

11.2. The affected Party shall notify the other Party in writing within 5 (five) calendar days to this extent.

11.3. In case of force majeure, the affected Party, subject to the requirements of clause 11.2 hereof, shall for the period of duration of such circumstances be released from liability hereunder.

11.4. Upon termination of force majeure, the performance of obligations hereunder shall be resumed. The affected Party shall notify the other Party in writing of the termination of the force majeure circumstances.

11.5. If force majeure circumstances last for more than 30 (thirty) calendar days in a row, the Parties shall have the right to terminate this Agreement and make final settlements. In this case, the losses caused by the termination hereof shall not be reimbursed and penalties shall not be paid.

12. MISCELLANEOUS

12.1. This Agreement shall enter into force upon the receipt by the Buyer of the order confirmation from the Seller. The Agreement shall be valid until the Parties fully fulfil their obligations.

12.2. This Agreement is concluded on the territory of Ukraine and shall be fulfilled within the current Ukrainian legislation.

12.3. The Buyer and/or the Buyer's authorized persons consent to the Seller's processing of their personal data, namely surname, name, patronymic, registered place of residence and/or actual place of residence, taxpayer identification number, passport data, and contact telephone/fax number, e-mail address, any other data specified by the Buyer in the registration form for registration on the Online Store and/or order to comply with the current Ukrainian legislation related to the financial and economic activities of the Seller and within the requirements of current legislation on personal data protection.
The Buyer shall confirm that he/she is familiar with the rights of the subject of personal data under Article 8 of the Law of Ukraine “On Personal Data Protection”.

12.4. The online store contains materials, trademarks, brand names and other materials protected by the law. The Buyer or any other third parties may not use the materials posted on the Online Store (including making changes, copy, publish, transfer materials to third parties, etc.). It is not allowed to use of the website materials without the consent of the copyright holders. When quoting materials from the website, including protected copyrighted works, a link to the Online Store website shall be provided.

12.5. The Parties shall resolve all disputes related to non-fulfillment or improper fulfillment of their obligations hereunder through negotiations. If the Parties fail to reach an agreement, disputes shall be resolved according to the procedure provided for by current Ukrainian legislation.

12.6. In cases not regulated hereby, the Parties shall be governed by the current Ukrainian legislation.