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Public contract

 PUBLIC OFFER AGREEMENT 

(To order, purchase, and deliver goods)

 

This agreement is the official and public offer of the Seller to conclude a sales agreement involving the Goods presented on the website https://www.atlant-spine.com. This agreement is public, 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, individual entrepreneur) without giving preference to one Buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for Goods, delivery of Goods, return of Goods, responsibility for unscrupulous order, and all other terms of the contract. The Agreement is considered concluded from the moment of clicking the “Confirm Order” button on the checkout page in the “Cart” section, and the moment the Buyer receives electronic confirmation of the order from the Seller.

 

  1. Concepts and Definitions

1.1 Public offer (hereinafter – the “Offer”) – a public offer to remotely conclude a purchase agreement (hereinafter – the “Agreement”) made by the Seller, addressed to an indefinite number of persons on the terms contained in this Offer

1.2 Goods or Services – the object of the Agreement of the parties, which was selected by the buyer on the website of the Online Store and placed in the Cart, or has already been purchased by the Buyer from the Seller remotely

1.3 Online Store – the Seller’s website at https://www.atlant-spine.com was created to conclude retail and wholesale sales agreements based on the Buyer’s knowledge of the description of the Goods offered by the Seller via the internet

1.4 Buyer – an individual with the legal capacity to act; who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for non-business purposes, or a legal entity or individual entrepreneur

1.5 Seller – Individual entrepreneur Khvorostianyi Rodion Vitaliyovych *

 

  1. Subject Matter of the Agreement

2.1 The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2 The date when the Buyer makes an order in the Online Store is the date of concluding the Agreement (accepting the offer) and the moment of full and indisputable acceptance of the terms of the Agreement by the Buyer, provided the Buyer receives electronic confirmation of the order from the Seller. The Agreement may be concluded in writing if it is necessary, at the request of the Buyer.

 

  1. Processing the Order

3.1. The Buyer places an order in the Online Store using the “Cart” or by using by e-mail or phone number specified in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer at the time of placing the order is incomplete or invalid.

3.3 When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:

3.3.1 the Buyerʼs last name, first name;

3.3.2 the address to deliver the Goods (if the Goods should be delivered to the Buyer’s address);

3.3.3 contact phone;

3.3.4 Taxpayer Identification Number or Individual Taxpayer Number

 

3.4 The name, quantity, vendor code, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the website of the Online Store.

3.5 If either Party requires additional information, it has the right to request it from the other Party. In case the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when buying Goods in the Online Store.

3.6 When placing an order by the phone with the Seller’s operator (paragraph 3.1 of this Agreement), the Buyer undertakes to provide the information specified in paragraphs 3.3 and 3.4 of this Agreement.

3.7 By entering relevant data in the registration form on the website of the Online Store or when placing an Order through the operator, the Buyer accepts the terms of this Agreement. After placing the Order through the Operator, the Buyer’s data is imported into the database of the Seller.

3.8 The Buyer is responsible for the accuracy of the information provided when placing an order.

3.9 By concluding the Agreement, i.e. accepting the terms of this Agreement (proposed terms of purchasing of the Goods), by placing an Order, the Buyer confirms the following:

  1. a) the Buyer is fully and entirely informed and agrees to the terms of this Agreement;
  2. b) the Buyer permits to collect, process, and transfer personal data, permission for the processing of their personal data is valid throughout the terms of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that their personal data is transferred to the Seller to provide the fulfillment of this Agreement, conduct mutual settlements, as well as obtain invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notice to the Buyer to fulfill the Buyer’s order. The Buyer is familiar with and fully understands the scope of their rights as a subject of personal data protection in accordance with the Law of Ukraine “On Personal Data Protection”

 

  1. Price and Delivery of Goods

4.1 Prices for Goods and Services are determined by the Seller independently and listed on the website of the Online Store. All prices for Goods and Services are listed on the site in UAH.

4.2 Prices for Goods and Services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a single unit of Goods, the value of which has already been fully paid by the Buyer, may not be changed by the Seller unilaterally.

4.3 The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current rates of delivery services (carriers) directly to the chosen delivery service (carrier).

4.4 The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the address of the Buyer.

4.5 The Seller may indicate the approximate cost of delivery of the Goods to the Buyer’s address on the Buyer’s request sent to the Seller by e-mail or articulated to the operator when placing an order in the Online Store.

4.6 The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds on his account.

4.7 Payments proceed in the ways specified on the website of the Online Store in the “Payment and Delivery” section.

4.8 Having received the Goods, the Buyer must check the compliance of the Goods with qualitative and quantitative characteristics (name of the Goods, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).

4.9 The Buyer’s or their representative’s signature in the sales receipt and/or in the order or in the consignment note for delivery of Goods, put during the reception of the Goods, confirms that the Buyer has no claims to the number of Goods, appearance, and completeness of Goods.

4.10 Ownership and the risk of accidental loss or damage to the Goods are passed to the Buyer or their Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods in case of independent delivery of the Goods from the Seller, or when the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.

 

  1. Rights and Obligations of the Parties

5.1 The seller must:

5.1.1 Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2 Not disclose any private information about the Buyer and must not provide access to this information to third parties, except as provided by law and during the execution of the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1 Change the terms of this Agreement, as well as prices for Goods and Services, unilaterally, placing them on the website of the Online Store. All changes take effect from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 Before concluding the Agreement, read the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the Online Store.

5.3.2 For the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary information that uniquely identifies him as the Buyer and is sufficient for delivery of the ordered Goods to the Buyer.

 

  1. Return Policy

6.1 The Buyer has the right to return non-food Goods of proper quality to the Seller, if the Goods did not satisfy him in shape, dimensions, style, color, size, or for other reasons can not be used for its intended purpose. The Buyer has the right to return the Goods of proper quality within 14 (fourteen) days, not including the day of purchase. Return of Goods of proper quality is carried out in case they have not been used and their appearance, consumer properties, packaging, seals, labels, as well as the transaction document issued to the Buyer on the payment for the Goods are preserved. The list of Goods that are not subject to return on the grounds of this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2 Reimbursement of the cost of proper quality Goods to the Buyer is conducted within 30 (thirty) calendar days from the date the Seller receives the Goods, provided the requirements of paragraph

6.1 of this Agreement and the current legislation of Ukraine is abode.

6.3 The value of the Goods is refunded by bank transfer to the Buyer’s account.

6.4 Return of the Goods of proper quality to the address of the Seller is made at the expense of the Buyer and is not reimbursed by the Seller.

6.5 In case defects are detected in the Goods during the warranty period, the Buyer personally, in a way and within the time limits established by the legislation of Ukraine, has the right to claim the Seller in accordance with the Law of Ukraine “On Consumer Protection”. When submitting claims for free elimination of defects, the deadline for their elimination is calculated from the date the Seller received the Goods and got physical access to the Goods.

6.6 Consideration of the requirements provided by the Law of Ukraine “On Consumer Protection” is carried out by the Seller in case that the Buyer provides the documents set out by the current legislation of Ukraine. The Seller is not responsible for defects of the Goods that arose after they had been transferred to the Buyer and were a result of a violation of the rules of use or storage of the Goods by the Buyer, actions of third parties, or an emergency.

6.7 The Buyer has no right to refuse the Goods of proper quality, which have individually defined properties if the Goods can only be used by the Buyer who purchased it (including custom sizes, appearance, equipment, and other characteristics, modified on the Buyer’s demand). The difference between the size of the product and other characteristics specified in the Online Store is the confirmation that the product has individually defined properties.

6.8 The Goods should be returned, in cases provided by law and this Agreement, to the address specified in the “Contacts” section on the website.

 

  1. Responsibility

7.1 The Seller shall not be liable for 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 responsible for improper or belated Order processing and the Seller’s obligations in case the Buyer provides inaccurate or erroneous information.

7.3 The Seller and the Buyer are responsible for fulfilling 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 released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is the result of force majeure such as war or hostilities, earthquake, flood, fire, and other natural disasters that occurred regardless of the Seller’s and/or Buyer’s will after the conclusion of this Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party.

 

  1. Confidentiality and personal data protection

8.1 By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer gives the Seller their voluntary consent for the processing, use (including transfer) of their personal data and other actions under the Law of Ukraine “On Personal Data Protection” without limiting the validity of such consent.

8.2 The Seller undertakes not to disclose the information received from the Buyer. Providing information to counterparties and third parties acting on the basis of an agreement with the Seller, including those necessary to fulfill the Seller’s obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine, should not be regarded to as a violation.

8.3 The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor fulfillment or non-fulfillment of his obligations caused by the irrelevance of information about the Buyer or the fact that it is false.

 

  1. Other Conditions

9.1 This Agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.

9.2 All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to apply to the courts in accordance with the applicable law of Ukraine.

9.3 The Seller has the right to amend this Agreement unilaterally in accordance with paragraph 5.2.1 of this Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

 

SELLER ADDRESS AND DETAILS:

 

Individual entrepreneur Khvorostianyi Rodion Vitaliyovych

Registration address: Ukraine, 03110, Kyiv, 7-A Solomyanska street

Address for correspondence: 04071, Kyiv, 10-B Vozdvyzhenska street, office № 12

Extract from The United States Register of Legal Entities, Individual

Entrepreneurs and Public Organizations of Ukraine, date, and number of the entry:

13.10.2021, 2000730010002049440, is a single taxpayer, date of registration as a taxpayer 02.04.2019

№ 1926583401733 in the State Tax Inspectorate in the Solomyansky district of the State Tax Service in Kyiv.

Individual Tax Identification Number: 3566401230

Payment details:

IBAN

UA673808050000000026001638907

Bank

380805 RAIFFEISEN BANK JSC

 

* Individual entrepreneur Khvorostianyi Rodion Vitaliyovych is a representative of LLC Atlant Spine in Ukraine

 

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