for the order, sale, and delivery of goods

This agreement is an official and public offer by the Seller to enter into a contract for the sale of goods presented on the website touchme-by-ok.net. This agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur), without preference to one buyer over another. By entering into this agreement, the buyer fully accepts the conditions and procedure for ordering, payment for goods, delivery of goods, return of goods, liability for fraudulent orders, and all other terms of the agreement. The agreement is considered concluded from the moment the buyer presses the “Confirm Order” button on the order confirmation page in the “Cart” section and receives an order confirmation from the Seller electronically.

1. Definitions

1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal by the Seller addressed to an indefinite number of people to enter into a remote sales contract for the goods (hereinafter referred to as the “Contract”) under the terms provided in this Offer.
1.2. Goods or Service – the object of the agreement between the parties, selected by the buyer on the online store website and placed in the cart or already purchased by the Buyer remotely from the Seller.
1.3. Online Store – the website of the Seller at touchme-by-ok.net created for entering into retail and wholesale purchase agreements based on the Buyer’s review of the goods description offered by the Seller via the internet.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for purchasing goods presented on the online store website for purposes unrelated to entrepreneurial activities, or a legal entity or individual entrepreneur.
1.5. Seller – Sole Proprietor KOVALENKO OLENA HRYHORYVNA (identification code 2619515906), a legal entity created and operating under the current legislation of Ukraine, located at: Kyiv, Aviakonstruktor Antonova Street, 2/32.

2.  Subject of the Agreement

2.1. The Seller agrees to transfer the 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 Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date when the Buyer fills out the order form on the online store website, provided the Buyer receives an order confirmation from the Seller electronically. If necessary, at the Buyer’s request, the Agreement may be formalized in writing.

3.  Order Placement

3.1. The Buyer independently places an order through the “Cart” form on the online store website or by placing an order via email or the phone number provided in the “Contact” section of the online store.
3.2. The Seller has the right to refuse to process the order if the information provided by the Buyer during order placement is incomplete or raises doubts about its validity.
3.3. When placing an order on the online store website, the Buyer is required to provide the following mandatory information necessary for order fulfillment by the Seller: 3.3.1. Full name of the Buyer; 3.3.2. The address for delivery of the Goods (if the delivery is to the Buyer’s address); 3.3.3. Contact phone number. 3.3.4. Identification code for legal entities or individual entrepreneurs.
3.4. The name, quantity, article number, and price of the Goods chosen by the Buyer will be displayed in the Buyer’s cart on the online store website.
3.5. If either party to the agreement requires additional information, they have the right to request it from the other party. If the necessary information is not provided by the Buyer, the Seller is not responsible for providing quality service when purchasing goods from the online store.
3.6. When placing an order through the Seller’s operator (item 3.1 of this Offer), the Buyer is obligated to provide the information specified in items 3.3 and 3.4 of this Offer.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the order.
3.8. By concluding the Agreement (i.e., accepting the terms of this offer), by placing the Order, the Buyer confirms the following: a) The Buyer is fully acquainted with and agrees with the terms of this Offer;
b) The Buyer consents to the collection, processing, and transfer of personal data, with the consent being valid for the entire duration of the Agreement and indefinitely after the Agreement’s expiration. Furthermore, by entering into the Agreement, the Buyer acknowledges being informed (without further notification) about their rights under the Ukrainian Law “On the Protection of Personal Data,” the purposes of data collection, and that their personal data is being provided to the Seller for the execution of this Agreement, settlement purposes, and the receipt of invoices, acts, and other documents. The Buyer also agrees that the Seller may provide access and transfer personal data to third parties for fulfilling the Buyer’s order without additional notice to the Buyer. The Buyer is aware and understands their rights under the Law of Ukraine “On the Protection of Personal Data.”

4. Price and Delivery of Goods

4.1. The prices of the Goods and services are determined by the Seller independently and are indicated on the online store website. All prices are stated in UAH, including VAT.
4.2. The prices of Goods and services may change unilaterally by the Seller depending on market conditions. However, the price of any individual unit of Goods paid in full by the Buyer cannot be changed unilaterally by the Seller.
4.3. The price of the Goods indicated on the online store website does not include the delivery cost to the Buyer. The Buyer pays for the delivery of the Goods directly to the delivery service (carrier) chosen by them, according to the applicable rates.
4.4. The Seller may indicate an estimated delivery cost to the Buyer’s address when the Buyer makes a request via email or when placing an order through the online store operator.
4.5. The Buyer’s payment for the Goods is considered fulfilled upon receipt of funds by the Seller.
4.6. The Buyer must check the quality and quantity of the Goods in the presence of the delivery representative (carrier) upon receiving the goods.
4.7. Ownership and risk of accidental loss or damage to the Goods pass to the Buyer or their representative at the time the Goods are received by the Buyer at the delivery location or when transferred to the delivery service (carrier).

5. Rights and Obligations of the Parties

5.1. The Seller is obligated to:
5.1.1. Transfer the Goods to the Buyer according to the terms of this Agreement and the Buyer’s order.
5.1.2. Keep any private information about the Buyer confidential and not provide access to this information to third parties except as required by law or for fulfilling the Buyer’s order.
5.2. The Seller has the right to:
5.2.1. Unilaterally change the terms of this Agreement and the prices of Goods and services, posting them on the online store website. All changes are effective upon publication.
5.3. The Buyer is obligated to:
5.3.1. Review the content of the Agreement, its terms, and the prices proposed by the Seller on the website before entering into the Agreement.
5.3.2. Provide all necessary information to the Seller that clearly identifies the Buyer and is sufficient for delivering the ordered Goods.

6. Return of Goods

6.1. The Buyer has the right to return non-food goods of satisfactory quality if the goods do not meet their expectations regarding form, size, style, color, or other reasons that prevent the Buyer from using the goods as intended. The Buyer has the right to return goods of satisfactory quality within 14 days (excluding the day of purchase). Returns of satisfactory quality goods are accepted if they have not been used, and if their appearance, consumer properties, packaging, seals, tags, and the receipt issued to the Buyer for payment of the goods are intact. The list of goods that are not subject to return based on the grounds provided in this section is approved by the Cabinet of Ministers of Ukraine.
6.2. The return of the cost of satisfactory goods will be carried out within 30 (thirty) calendar days from the moment the Seller receives the goods from the Buyer, provided that the requirements set out in paragraph 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the goods will be refunded by bank transfer to the Buyer’s account.
6.4. The return of satisfactory quality goods to the Seller’s address is at the Buyer’s expense, and the Seller will not reimburse these costs.
6.5. If defects are found in the goods during the warranty period, the Buyer has the right to present claims to the Seller, in the manner and within the timeframes established by the Law of Ukraine “On Consumer Protection”. When submitting claims for free defect removal, the period for their elimination is calculated from the date the Seller receives the goods and gains physical access to them.
6.6. The consideration of claims under the Law of Ukraine “On Consumer Protection” is carried out by the Seller provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the goods that arise after they are transferred to the Buyer due to the Buyer’s violation of the usage or storage rules, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse the goods of satisfactory quality that have individually specified properties if the goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, packaging, and other specifications at the Buyer’s request). The confirmation that the goods have individually specified properties is the difference in the sizes and other characteristics indicated in the online store.
6.8. Returns of goods, in cases provided by the law and this Agreement, are made to the address indicated on the website in the “Contact” section.

7. Liability

7.1. The Seller is not liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and obligations if the Buyer provides false or incorrect information.
7.3. Both the Seller and the Buyer are responsible for fulfilling their obligations according to the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is exempt from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is due to force majeure circumstances, such as war or military actions, earthquakes, floods, fires, and other natural disasters, occurring independently of the Seller and/or Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations must promptly notify the other party.

8. Confidentiality and Protection of Personal Data

8.1. By providing personal data on the online store website during registration or when placing an order, the Buyer gives their voluntary consent to the Seller for processing, using (including transferring) their personal data, as well as performing other actions as outlined in the Law of Ukraine “On the Protection of Personal Data,” without any time limitation of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. Providing information to contractors and third parties acting under contract with the Seller, including for fulfilling obligations to the Buyer, does not constitute a violation, as well as disclosure of such information when required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up-to-date. The Seller is not liable for poor performance or failure to fulfill their obligations due to outdated information about the Buyer or its inaccuracies.

 

9. Other Terms

9.1. This Agreement is concluded in Ukraine and operates according to the laws of Ukraine.
9.2. Any disputes between the Buyer and Seller are resolved through negotiation. If an agreement is not reached, the dispute can be referred to judicial authorities in accordance with Ukrainian law.

АДРЕСADDRESS AND DETAILS OF THE SELLER:
PE Kovalенко Olena Hryhorivna

PE Kovalенко Olena Hryhorivna
03186, Kyiv,
Aviakonstruktor Antonova St., Building 2/32
MFO 305299
TIN 2619515906
Phone: (067) 502 40 24