Публічний договір оферти

Public Offer Agreement

1. General Provisions

1.1. This public offer agreement (hereinafter referred to as the “Agreement”) is an official offer of [Seller’s full legal name or sole proprietor’s name], hereinafter referred to as the “Seller,” to enter into a sale and purchase agreement with any capable individual (hereinafter referred to as the “Buyer”) under the terms and conditions set forth herein.

1.2. In accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine, this Agreement constitutes a public offer, and by accepting its terms (i.e., by placing an order), the Buyer agrees to the terms of this Agreement.

1.3. This Agreement governs the relationship between the Seller and the Buyer in the sale and purchase of goods through the online store at www.kachan-cactus.com (hereinafter referred to as the “Online Store”).

1.4. The Seller reserves the right to amend this Agreement at any time. Amendments shall take effect from the moment they are published on the Online Store website, unless otherwise provided by the Agreement.

1.5. The Buyer agrees to the terms of this Agreement by ticking the box “I agree to the terms of the public offer” when placing an order on the Online Store website.

2. Subject of the Agreement

2.1. The Seller agrees to transfer ownership of goods displayed on the Online Store website www.kachan-cactus.com to the Buyer, and the Buyer agrees to pay for and accept the goods under the terms of this Agreement.

2.2. This Agreement governs the purchase and sale of goods through the Online Store, including:

the Buyer’s voluntary selection of goods on the Online Store website;
the Buyer’s independent placement of an order on the Online Store website;
the Buyer’s payment for the order placed through the Online Store;
the processing and delivery of the order to the Buyer under the terms of this Agreement.
3. Ordering Procedure
3.1. The Buyer places an order in the Online Store by independently selecting items and adding them to the virtual shopping cart.
3.2. After selecting the items, the Buyer proceeds to the checkout page, where they must enter the necessary information for order fulfillment.
3.3. The Buyer is solely responsible for providing accurate and complete information during the order placement process.
3.4. Upon placing the order, the Buyer will receive confirmation via the communication method they selected (email, messenger, or other available means), indicating that the order has been accepted and is being processed.
3.5. The Seller reserves the right to contact the Buyer to verify the details of the order and confirm its processing.
3. Ordering Procedure
3.1. The Buyer places an order in the Online Store by independently selecting items and adding them to the virtual shopping cart.
3.2. After selecting the items, the Buyer proceeds to the checkout page, where they must enter the necessary information for order fulfillment.
3.3. The Buyer is solely responsible for providing accurate and complete information during the order placement process.
3.4. Upon placing the order, the Buyer will receive confirmation via the communication method they selected (email, messenger, or other available means), indicating that the order has been accepted and is being processed.
3.5. The Seller reserves the right to contact the Buyer to verify the details of the order and confirm its processing.
5. Payment for Goods
5.1. The Buyer undertakes to pay for the goods in accordance with the prices specified on the Online Store’s website at the time of placing the order.
5.2. Payment can be made using the methods available on the Online Store’s website at the time of ordering.
5.3. The Seller has the right to change prices for goods without prior notice. However, the price of goods ordered and confirmed by the Buyer is not subject to change.
5.4. The Buyer is solely responsible for the accuracy of the payment and the provision of correct payment details.
5.5. If payment is not received within the period specified on the Online Store’s website, the Seller reserves the right to cancel the order.
5.6. The cost of delivery and other additional services, if any, is paid by the Buyer separately unless otherwise agreed.
5.7. The Seller may offer promotional discounts, coupon codes, or special offers. The conditions for using such offers are specified on the Online Store’s website or in other official communication channels of the Seller.
6. Delivery of Goods
6.1. Delivery of goods is carried out throughout the territory of Ukraine, unless otherwise stated on the Online Store’s website.
6.2. The Seller arranges delivery through postal and courier services or by other means specified on the Online Store’s website at the time the order is placed.
6.3. The delivery terms, cost, and conditions are indicated when placing the order and may vary depending on the delivery region, service provider, and other factors.
6.4. The Seller's obligation to deliver the goods is deemed fulfilled once the goods have been transferred to the postal or courier service or handed directly to the Buyer.
6.5. The Buyer shall inspect the goods upon receipt for quantity, assortment, and any visible damage. In case of discrepancies, the Buyer must immediately notify the Seller or the delivery service representative.
6.6. The risk of accidental loss or damage to the goods passes to the Buyer at the moment the goods are received, unless otherwise provided by applicable law.
6.7. If the Buyer fails to accept the goods at the agreed time and place, resulting in their return or storage, all related costs shall be borne by the Buyer.
6.8. In case of delays in delivery due to circumstances beyond the Seller’s control (e.g., force majeure, actions of third parties, etc.), the delivery time may be extended for the duration of such circumstances.
6.9. The Seller is not liable for delays or failures in delivery caused by the fault of the delivery service or due to the provision of incorrect or incomplete delivery information by the Buyer.
6.10. Detailed information about delivery methods, timeframes, and applicable tariffs is available on the Online Store’s website.
7. Return and Exchange of Goods
7.1. The Buyer has the right to return or exchange goods of proper quality within 14 (fourteen) calendar days from the date of receipt, provided that all the conditions stipulated by the current legislation of Ukraine for such returns/exchanges are met.
7.2. Return or exchange of goods of proper quality is possible if the goods have not been used, retain their original appearance, consumer properties, labels, packaging, and proof of purchase is provided.
7.3. Return or exchange of goods of improper quality is carried out in accordance with the procedure and within the time limits established by the legislation of Ukraine.
7.4. To return or exchange goods, the Buyer must contact the Seller by the means of communication indicated on the Online Store’s website and agree on the return/exchange procedure.
7.5. When returning goods, the Buyer shall bear the shipping costs, unless the return is due to the Seller’s fault (e.g., incorrect item sent, defective product, etc.).
7.6. If the goods are returned due to defects, the Seller shall, upon confirmation of the defect, reimburse the Buyer for the cost of delivery.
7.7. Refunds are made using the same payment method that was used by the Buyer when placing the order, unless otherwise agreed by the parties.
7.8. The refund is processed within 7 (seven) business days from the date the returned goods are received by the Seller and confirmed to meet the return conditions.
7.9. Goods that are not subject to return or exchange in accordance with the legislation of Ukraine (e.g., perishable goods, personal hygiene items, etc.) cannot be returned or exchanged.
7.10. Detailed information about the return and exchange procedure is available on the Online Store’s website.
8. Liability of the Parties
8.1. The Seller is responsible for the proper quality and compliance of the goods with the terms of the contract.
8.2. The Seller shall not be liable for non-fulfillment or improper fulfillment of obligations under the contract if this is caused by circumstances beyond its control, including force majeure (e.g., natural disasters, wars, strikes, pandemics, etc.).
8.3. The Buyer is responsible for providing accurate and complete information when placing an order. The Seller is not liable for errors made by the Buyer in providing their personal information, including the delivery address.
8.4. In the event of improper delivery or non-delivery of goods due to incorrect information provided by the Buyer, the Seller has the right to charge the Buyer for the costs associated with re-sending the goods.
8.5. The Buyer is responsible for inspecting the goods at the time of receipt and verifying their conformity with the order. Claims regarding the quality or quantity of the goods must be submitted by the Buyer immediately upon receipt of the goods, but not later than 3 (three) business days after receipt.
8.6. The Seller is not liable for any damages resulting from the improper use of the goods by the Buyer, including non-compliance with the instructions for use.
8.7. In the event of a defect or non-compliance of goods with the contract, the Buyer’s exclusive remedy is to request a replacement, repair, or return of the goods in accordance with the conditions specified in the agreement.
8.8. The Seller is not responsible for any indirect losses or damages that the Buyer may incur as a result of using the goods, including lost profits, unless otherwise specified in the applicable law.
8.9. The Parties agree that liability for damages caused by the actions of third parties, including delivery services or manufacturers, shall be borne by the responsible party as stipulated by the relevant agreements.
8.10. If the Seller violates the terms of the contract, the Buyer has the right to demand compensation for actual losses in accordance with the law of Ukraine.
9. Dispute Resolution
9.1. All disputes and disagreements arising from the interpretation or execution of this Agreement shall be resolved through negotiations between the Parties.
9.2. If the Parties fail to resolve the dispute through negotiations, they agree to submit the dispute to the competent court at the location of the Seller.
9.3. Before submitting a dispute to court, the Parties must make efforts to settle it through pre-trial dispute resolution (i.e., sending a written complaint to the other Party).
9.4. The Seller and the Buyer agree to cooperate in good faith to resolve disputes efficiently, within the shortest possible time.
9.5. If the Seller is unable to fulfill any of its obligations due to circumstances beyond its control (force majeure), such obligations are temporarily suspended for the duration of the force majeure event.
9.6. The Seller’s liability for any breach of the terms of the contract, as well as the Seller's responsibility to compensate for any damages, is limited by the cost of the goods under this Agreement.
9.7. The Parties agree that all correspondence related to the dispute resolution must be conducted in writing, including via email or postal mail, to ensure that each Party is informed about the progress and outcome of the dispute resolution process.
9.8. In case of unresolved disputes through negotiation and court proceedings, the laws of Ukraine shall apply.
9.9. The Buyer and Seller agree to attempt mediation before filing any lawsuit, utilizing a professional mediator if necessary, in accordance with the laws of Ukraine.

Public Offer Agreement

the Buyer’s voluntary selection of goods on the Online Store website;

the Buyer’s independent placement of an order on the Online Store website;

the Buyer’s payment for the order placed through the Online Store;

the processing and delivery of the order to the Buyer under the terms of this Agreement.

3. Ordering Procedure

3.1. The Buyer places an order in the Online Store by independently selecting items and adding them to the virtual shopping cart.

3.2. After selecting the items, the Buyer proceeds to the checkout page, where they must enter the necessary information for order fulfillment.

3.3. The Buyer is solely responsible for providing accurate and complete information during the order placement process.

3.4. Upon placing the order, the Buyer will receive confirmation via the communication method they selected (email, messenger, or other available means), indicating that the order has been accepted and is being processed.

3.5. The Seller reserves the right to contact the Buyer to verify the details of the order and confirm its processing.

3. Ordering Procedure

3.1. The Buyer places an order in the Online Store by independently selecting items and adding them to the virtual shopping cart.

3.2. After selecting the items, the Buyer proceeds to the checkout page, where they must enter the necessary information for order fulfillment.

3.3. The Buyer is solely responsible for providing accurate and complete information during the order placement process.

3.4. Upon placing the order, the Buyer will receive confirmation via the communication method they selected (email, messenger, or other available means), indicating that the order has been accepted and is being processed.

3.5. The Seller reserves the right to contact the Buyer to verify the details of the order and confirm its processing.

5. Payment for Goods

5.1. The Buyer undertakes to pay for the goods in accordance with the prices specified on the Online Store’s website at the time of placing the order.

5.2. Payment can be made using the methods available on the Online Store’s website at the time of ordering.

5.3. The Seller has the right to change prices for goods without prior notice. However, the price of goods ordered and confirmed by the Buyer is not subject to change.

5.4. The Buyer is solely responsible for the accuracy of the payment and the provision of correct payment details.

5.5. If payment is not received within the period specified on the Online Store’s website, the Seller reserves the right to cancel the order.

5.6. The cost of delivery and other additional services, if any, is paid by the Buyer separately unless otherwise agreed.

5.7. The Seller may offer promotional discounts, coupon codes, or special offers. The conditions for using such offers are specified on the Online Store’s website or in other official communication channels of the Seller.

6. Delivery of Goods

6.1. Delivery of goods is carried out throughout the territory of Ukraine, unless otherwise stated on the Online Store’s website.

6.2. The Seller arranges delivery through postal and courier services or by other means specified on the Online Store’s website at the time the order is placed.

6.3. The delivery terms, cost, and conditions are indicated when placing the order and may vary depending on the delivery region, service provider, and other factors.

6.4. The Seller's obligation to deliver the goods is deemed fulfilled once the goods have been transferred to the postal or courier service or handed directly to the Buyer.

6.5. The Buyer shall inspect the goods upon receipt for quantity, assortment, and any visible damage. In case of discrepancies, the Buyer must immediately notify the Seller or the delivery service representative.

6.6. The risk of accidental loss or damage to the goods passes to the Buyer at the moment the goods are received, unless otherwise provided by applicable law.

6.7. If the Buyer fails to accept the goods at the agreed time and place, resulting in their return or storage, all related costs shall be borne by the Buyer.

6.8. In case of delays in delivery due to circumstances beyond the Seller’s control (e.g., force majeure, actions of third parties, etc.), the delivery time may be extended for the duration of such circumstances.

6.9. The Seller is not liable for delays or failures in delivery caused by the fault of the delivery service or due to the provision of incorrect or incomplete delivery information by the Buyer.

6.10. Detailed information about delivery methods, timeframes, and applicable tariffs is available on the Online Store’s website.

7. Return and Exchange of Goods

7.1. The Buyer has the right to return or exchange goods of proper quality within 14 (fourteen) calendar days from the date of receipt, provided that all the conditions stipulated by the current legislation of Ukraine for such returns/exchanges are met.

7.2. Return or exchange of goods of proper quality is possible if the goods have not been used, retain their original appearance, consumer properties, labels, packaging, and proof of purchase is provided.

7.3. Return or exchange of goods of improper quality is carried out in accordance with the procedure and within the time limits established by the legislation of Ukraine.

7.4. To return or exchange goods, the Buyer must contact the Seller by the means of communication indicated on the Online Store’s website and agree on the return/exchange procedure.

7.5. When returning goods, the Buyer shall bear the shipping costs, unless the return is due to the Seller’s fault (e.g., incorrect item sent, defective product, etc.).

7.6. If the goods are returned due to defects, the Seller shall, upon confirmation of the defect, reimburse the Buyer for the cost of delivery.

7.7. Refunds are made using the same payment method that was used by the Buyer when placing the order, unless otherwise agreed by the parties.

7.8. The refund is processed within 7 (seven) business days from the date the returned goods are received by the Seller and confirmed to meet the return conditions.

7.9. Goods that are not subject to return or exchange in accordance with the legislation of Ukraine (e.g., perishable goods, personal hygiene items, etc.) cannot be returned or exchanged.

7.10. Detailed information about the return and exchange procedure is available on the Online Store’s website.

8. Liability of the Parties

8.1. The Seller is responsible for the proper quality and compliance of the goods with the terms of the contract.

8.2. The Seller shall not be liable for non-fulfillment or improper fulfillment of obligations under the contract if this is caused by circumstances beyond its control, including force majeure (e.g., natural disasters, wars, strikes, pandemics, etc.).

8.3. The Buyer is responsible for providing accurate and complete information when placing an order. The Seller is not liable for errors made by the Buyer in providing their personal information, including the delivery address.

8.4. In the event of improper delivery or non-delivery of goods due to incorrect information provided by the Buyer, the Seller has the right to charge the Buyer for the costs associated with re-sending the goods.

8.6. The Seller is not liable for any damages resulting from the improper use of the goods by the Buyer, including non-compliance with the instructions for use.

8.7. In the event of a defect or non-compliance of goods with the contract, the Buyer’s exclusive remedy is to request a replacement, repair, or return of the goods in accordance with the conditions specified in the agreement.

8.8. The Seller is not responsible for any indirect losses or damages that the Buyer may incur as a result of using the goods, including lost profits, unless otherwise specified in the applicable law.

8.9. The Parties agree that liability for damages caused by the actions of third parties, including delivery services or manufacturers, shall be borne by the responsible party as stipulated by the relevant agreements.

8.10. If the Seller violates the terms of the contract, the Buyer has the right to demand compensation for actual losses in accordance with the law of Ukraine.

9. Dispute Resolution

9.1. All disputes and disagreements arising from the interpretation or execution of this Agreement shall be resolved through negotiations between the Parties.

9.2. If the Parties fail to resolve the dispute through negotiations, they agree to submit the dispute to the competent court at the location of the Seller.

9.3. Before submitting a dispute to court, the Parties must make efforts to settle it through pre-trial dispute resolution (i.e., sending a written complaint to the other Party).

9.4. The Seller and the Buyer agree to cooperate in good faith to resolve disputes efficiently, within the shortest possible time.

9.5. If the Seller is unable to fulfill any of its obligations due to circumstances beyond its control (force majeure), such obligations are temporarily suspended for the duration of the force majeure event.

9.6. The Seller’s liability for any breach of the terms of the contract, as well as the Seller's responsibility to compensate for any damages, is limited by the cost of the goods under this Agreement.

9.7. The Parties agree that all correspondence related to the dispute resolution must be conducted in writing, including via email or postal mail, to ensure that each Party is informed about the progress and outcome of the dispute resolution process.

9.8. In case of unresolved disputes through negotiation and court proceedings, the laws of Ukraine shall apply.

9.9. The Buyer and Seller agree to attempt mediation before filing any lawsuit, utilizing a professional mediator if necessary, in accordance with the laws of Ukraine.