User Agreement

PUBLIC OFFER AGREEMENT

Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement, the Buyer, on the other hand, hereinafter jointly referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is the Seller’s official public offer to enter into a sale and purchase agreement with Buyers for Goods, photographs of which are placed in the relevant section of the Website https://zuhvala.com.

Buyers, when purchasing Goods whose images are placed on the relevant pages of https://zuhvala.com, accept the terms of this Agreement as follows.

GENERAL PROVISIONS

1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement.

Clicking the “ORDER” button in the relevant section of the Website https://zuhvala.com means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement set out below.

1.2. The Public Offer Agreement is public, meaning that, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur).

By fully agreeing to this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, and is responsible for an unfair Order and for failure to comply with the terms of this Agreement.

1.3. This Agreement enters into force from the moment the “ORDER” button is clicked, by which the Buyer gives consent to purchase the Goods available from the Seller, and remains valid until the Buyer receives the Goods from the Seller and completes full payment.

1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.

TERMS AND DEFINITIONS

“Public Offer Agreement” means a public agreement, a sample of which is posted on the Website https://zuhvala.com and the application of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods whose image is posted on the Website https://zuhvala.com, addressed to an indefinite number of persons, including Buyers.

“Acceptance” means the Buyer’s acceptance of the Seller’s offer to purchase the Goods whose image is posted on the Website https://zuhvala.com by adding it to the virtual cart and submitting the Order.

“Goods” means the subject of trade (an item, model, accessory, components and related items, and any other trade items), for the purchase of which the Seller’s offer is posted on the Website https://zuhvala.com.

“Buyer” means any legally capable individual, legal entity or individual entrepreneur who, in accordance with current international and Ukrainian legislation, has visited the Website https://zuhvala.com and intends to purchase a particular Good.

“Seller” means any legally capable individual, legal entity or individual entrepreneur who, in accordance with current international and Ukrainian legislation, is the owner or distributor of the Goods and intends to sell them via the Website https://zuhvala.com.

“Order” means a duly completed and placed request by the Buyer on the Website https://zuhvala.com for the purchase of Goods, addressed to the Seller.

“Legislation” means the rules established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.

“Material defect of the Goods” means a defect that makes it impossible or unacceptable to use the Goods in accordance with their intended purpose, arose due to the fault of the manufacturer (Seller), and appears again after being remedied for reasons beyond the consumer’s control.

SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes, under the terms and in the manner defined by this Agreement, to sell the Goods on the basis of an Order placed by the Buyer on the relevant page of the Website https://zuhvala.com, and the Buyer undertakes, under the terms and in the manner defined by this Agreement, to buy the Goods and pay for them.

3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and that no third-party rights exist with respect to them.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction, nor a transaction concluded under pressure or deception.

3.4. The Seller confirms that it has all necessary permits to conduct business activities regulating the sphere of legal relations that arise and operate in the process of performing this Agreement, and also guarantees that it has the right to manufacture and/or sell the goods without any restrictions in accordance with the requirements of current Ukrainian legislation, and undertakes to be liable in the event of violation of the Buyer’s rights in the process of performing this Agreement and selling the Goods.

RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The Seller is obliged to:
• comply with the terms of this Agreement;
• fulfill the Buyer’s order if payment is received from the Buyer;
• transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://zuhvala.com, the placed order and the terms of this Agreement;
• check the qualitative and quantitative characteristics of the Goods during packaging at the warehouse;
• notify the Buyer of a possible additional fee when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic or Maestro cards by providing such information in this Agreement.

4.2. The Seller has the right to:

unilaterally terminate the provision of services under this Agreement in the event that the Buyer violates the terms of this Agreement.

4.3. Seller:

Individual Entrepreneur Yankovska Yana Oleksandrivna, Kharkiv.

Or a business entity from among the persons offering Goods for purchase on the Website https://zuhvala.com under the unified agreed rules set out in this Public Offer Agreement. *

RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The Buyer is obliged to:

- timely pay for and receive the order under the terms of this Agreement;

- read the information about the goods posted on the Website https://zuhvala.com;

- upon receiving the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete set of Goods, record this in a report, which must be signed by the Buyer together with the person who delivered the Goods to the Buyer.

5.2. The Buyer has the right to:

- place an order on the relevant page of the Website https://zuhvala.com;

- require the Seller to comply with the terms of this Agreement;

- be informed about a possible additional fee when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic or Maestro cards.

ORDER PLACEMENT PROCEDURE

6.1. The Buyer independently places an order on the relevant page of the Website https://zuhvala.com by adding Goods to the virtual cart by clicking the “Add to cart!” button, or by placing an order by email or by the phone number specified in the contacts section of the Website https://zuhvala.com.

6.2. The term for forming the Order is from 1 to 7 business days from the moment it is placed.

If the order is submitted on a weekend or public holiday, the formation period begins on the first business day following the weekend or holiday.

AGREEMENT PRICE AND PAYMENT PROCEDURE

7.1. The Agreement price is determined by adding the prices of all selected Goods placed in the virtual cart and the delivery cost, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.

7.2. The cost of the Order may change depending on the price, quantity or range of goods.

7.3. The Buyer may pay for the order in the following ways:

By bank transfer of funds to the Seller’s current account specified in the invoice, including via online banking (the Buyer pays for the order within three days from the date of receiving the invoice in the amount of 100% prepayment).

Cash on delivery upon receiving the Order at a delivery service office in Ukraine or in another country according to the place where the goods were ordered.

By credit card of the following type: Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro.

By any other method agreed with the Seller.

Note. When the Buyer pays for an order by payment card, an additional fee may be charged by the issuer of that card, in particular when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic or Maestro card issuers.

Clicking the “ORDER” button in the relevant section of the Website https://zuhvala.com means that the Seller has informed the Buyer of the possibility of an additional fee being charged when the Buyer pays for European orders by the issuer of a Visa, Mastercard, Visa Electron, Mastercard Electronic or Maestro card.

TERMS OF DELIVERY OF GOODS

8.1. The Buyer receives the Goods by delivery or receives them personally. The payment and receipt procedure is specified on the relevant page of the Website https://zuhvala.com.

8.2. When Goods are delivered to other cities of Ukraine or to another country by other delivery services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the freight transportation rules of such Carrier Companies.

8.3. The fact of receiving the Goods and the absence of claims regarding the quality of the Goods delivered by Carrier Companies are confirmed by the Buyer’s own signature on the consignment note, the Carrier Company’s declaration, or the delivery note upon receipt of the Goods.

For its part, the Seller guarantees shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, complete according to the specification of such Goods, and in proper (working) condition and quality.

8.4. If the Buyer is absent at the delivery address specified by the Buyer in the application, or if the Buyer refuses to receive the Goods for unjustified reasons during courier delivery by the carrier company, the Goods are returned to the shipping trade center.

Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer on the basis of their letter sent to e-mail: zuhvalamanager@gmail.com, specifying the current account to which the funds must be returned.

All questions arising in the process of payment and receipt of the Goods may be clarified by the Buyer using the contact details in the Contacts section.

TERMS OF RETURN OF GOODS

9.1. In accordance with Article 9 of the Law of Ukraine “On Consumer Rights Protection,” the Buyer has the right to exchange Goods of proper quality within fourteen days, not including the day of purchase, unless a longer period has been announced by the Seller.

The Buyer has the right to exchange the Goods subject to the provisions of legislation regarding the grounds and list of Goods that are not subject to exchange (return).

9.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the “Returns” section of the Website, taking into account the rules and conditions of the carrier or courier operating in Ukraine or in another country according to the place of receipt of the Goods.

9.3. If at least one of the listed defects is present, the Buyer is obliged to record it in a free-form report.

The report must be signed by the Buyer and the person who delivered the Goods, or by the Seller. If possible, the defects must be recorded by photo or video. Within 1 (one) day, the Buyer is obliged to notify the manager (the Seller’s representative responsible for processing the order for the Goods) of the identified defects and agree on replacement of the Goods.

9.4. The Parties have agreed that in the event of failure to comply with the mandatory requirements of the specified procedure, it shall be deemed that the Buyer received the Goods in proper condition — without any mechanical damage and in full completeness.

LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties are liable for non-performance or improper performance of the terms of this Agreement in the manner provided by this Agreement and current international and Ukrainian legislation.

10.2. In the event of disputes related to the Parties’ performance of this Agreement, except for disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations while following the claim procedure. The term for considering a claim is 7 (seven) calendar days from the date of its receipt. For disputes related to debt collection from the Buyer, compliance with the claim procedure is not required.

10.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including those relating to its performance, breach, termination or invalidity, shall be resolved by the relevant court in accordance with international and Ukrainian substantive and procedural law.

FORCE MAJEURE CIRCUMSTANCES

10.1. The Parties are liable for non-performance or improper performance of the terms of this Agreement in the manner provided by this Agreement and current international and Ukrainian legislation.

OTHER TERMS OF THE AGREEMENT

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purposes of fulfilling their Order (sending a message to the Seller about the Goods order, sending advertising messages, etc.).

12.2. By accepting the Agreement or registering on the Website https://zuhvala.com (filling out the registration form), the Buyer voluntarily consents to the collection and processing of their personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information about promotions, giveaways or any other information about the activities of the Website https://zuhvala.com by telecommunication means (email, mobile communication).

For the purposes provided for in this clause, letters, messages and materials may be sent to the Buyer’s postal address and e-mail, as well as SMS messages may be sent and calls may be made to the phone number specified in the form.

12.3. The Buyer grants the right to process their personal data, including: placing personal data in databases (without additional notification thereof), carrying out indefinite storage of data, their accumulation, updating and modification (as necessary).

The Seller undertakes to ensure protection of the data from unauthorized access by third parties, not to distribute or transfer the data to any third party (except for transferring data to related parties, commercial partners, persons authorized by the Seller to directly process the data for the specified purposes, as well as upon a mandatory request from a competent state authority).

12.4. If the Buyer does not wish to receive newsletters, the Buyer has the right to contact the Seller by writing a request to refuse receiving advertising materials and sending it to the postal or electronic address.

12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information specified when placing the order.