PUBLIC AGREEMENT (OFFER)
for ordering, purchase, sale, and delivery of goods
This Agreement is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website trevi.ua. This Agreement is public, meaning that 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, sole proprietor), without granting preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment, delivery, return of goods, liability for unfair orders, and all other conditions of the Agreement. The Agreement is considered concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Cart" section and receives confirmation of the order in electronic form from the Seller.
1. Definitions
1.1. Public Offer (hereinafter referred to as "Offer") – a public proposal of the Seller, addressed to an indefinite number of persons, to conclude with the Seller a contract of sale of goods by remote means (hereinafter referred to as the "Agreement") on the terms contained in this Offer.
1.2. Goods or Services – the subject matter of the Agreement, selected by the Buyer on the Seller's online store website and placed in the cart, or already purchased by the Buyer remotely.
1.3. Online Store – the Seller's website at www.trevi.ua created for concluding retail and wholesale contracts of sale based on the Buyer's acquaintance with the Seller’s description of the Goods 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 the purchase of goods presented on the Online Store’s website for purposes not related to entrepreneurial activity, or a legal entity, or a sole proprietor.
1.5. Seller – Sole Proprietor Trehub Volodymyr Ivanovych (tax identification code 2752410110), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: 03142, Kyiv, Vernadsky Blvd., 81, apt. 25.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of this Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is considered to be the date of the Buyer filling out the order form on the Online Store website, provided the Buyer receives confirmation of the order in electronic form from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in written form.
3. Ordering
3.1. The Buyer independently places an order in the Online Store through the "Cart" form or by placing an order via e-mail or phone number indicated in the Online Store’s contacts section.
3.2. The Seller has the right to refuse to deliver an order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer’s surname, first name;
3.3.2. Delivery address (if delivery to the Buyer’s address is required);
3.3.3. Contact phone number;
3.3.4. Tax Identification Code for a legal entity or sole proprietor.
3.4. The name, quantity, item number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If either Party requires additional information, it may request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for ensuring proper service to the Buyer when purchasing Goods in the Online Store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3–3.4 of this Offer.
3.7. Acceptance of the terms of this Offer by the Buyer is carried out by entering the Buyer’s data into the registration form on the Online Store website or when placing an order through the operator. After placing an order through the Operator, the Buyer’s data are entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the order.
3.9. By concluding the Agreement, i.e., accepting the terms of this offer (proposed terms of purchase of the Goods) by placing an order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this offer (Offer);
b) The Buyer grants permission for the collection, processing, and transfer of personal data. The consent for processing personal data is valid for the entire duration of the Agreement as well as for an indefinite period after its termination. Furthermore, by entering into the Agreement, the Buyer confirms that he/she has been informed (without additional notification) about the rights established by the Law of Ukraine "On Personal Data Protection," about the purposes of data collection, and that his/her personal data are transferred to the Seller in order to fulfill the terms of this Agreement, conduct settlements, and receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer his/her personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine "On Personal Data Protection" is known and understood to the Buyer.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices are stated in Ukrainian Hryvnias, including VAT.
4.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of a unit of Goods that has already been fully paid 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 cost of delivery to the Buyer. The Buyer pays the delivery cost according to the applicable tariffs of delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer’s address.
4.5. The Seller may indicate an approximate delivery cost to the Buyer’s address upon the Buyer’s request, either by sending an email or when placing an order through the Online Store operator.
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment funds are credited to the Seller’s account.
4.7. Payments between the Seller and the Buyer for Goods are made by the methods specified on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receipt of the Goods, the Buyer must, in the presence of the delivery service (carrier) representative, check the Goods for compliance with quality and quantity characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or his/her representative, upon acceptance of the Goods, confirms with a signature on the sales receipt and/or order and/or waybill for the delivery of goods that there are no claims regarding the quantity, appearance, and completeness of the Goods.
4.10. Ownership rights and the risk of accidental loss or damage of the Goods pass to the Buyer or his/her representative at the moment the Goods are received by the Buyer at the place of delivery when the Goods are collected directly from the Seller, or at the moment the Goods are handed over by the Seller to the delivery service (carrier) selected by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Deliver 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 not grant access to this information to third parties, except in cases provided by law and in the course of fulfilling the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as the prices of Goods and services, unilaterally by posting them on the Online Store website. All changes become effective from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Familiarize himself/herself with the contents of the Agreement, its terms, and the prices offered by the Seller on the Online Store website before concluding the Agreement.
5.3.2. For the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that clearly identify him/her as the Buyer and are sufficient for the delivery of the ordered Goods.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food Goods of proper quality if the Goods did not satisfy him/her in terms of shape, dimensions, style, color, size, or for other reasons cannot be used as intended. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, not including the day of purchase. The return of Goods of proper quality is carried out if they were not used and if their marketable condition, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment of the Goods, are preserved. The list of Goods not subject to return on the grounds provided in this clause shall be approved by the Cabinet of Ministers of Ukraine.
6.2. The refund to the Buyer for Goods of proper quality shall be made within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements of Clause 6.1. of this Agreement and the current legislation of Ukraine are met.
6.3. The cost of Goods shall be refunded by bank transfer to the Buyer’s account.
6.4. The return of Goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and shall not be reimbursed by the Seller.
6.5. In case defects in the Goods are discovered during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the claims provided by the Law of Ukraine “On Consumer Rights Protection.” When claims for free elimination of defects are presented, the term for their elimination shall be counted from the date the Seller receives the Goods at his disposal and has physical access to such Goods.
6.6. Consideration of claims provided by the Law of Ukraine “On Consumer Rights Protection” shall be carried out by the Seller subject to the Buyer providing the documents required by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse Goods of proper quality that have individually defined properties if such Goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration, etc., at the Buyer’s request). Confirmation that the Goods have individually defined properties shall be the difference in the sizes of the Goods and other characteristics indicated in the online store.
6.8. The return of Goods, in cases provided by law and this Agreement, shall be carried out at the address specified on the website in the “Contacts” section.
7. Liability
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 shall not be liable for improper or untimely performance of Orders and its obligations in the event that the Buyer provides inaccurate or incorrect information.
7.3. The Seller and the Buyer shall be liable for the fulfillment of 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 complete or partial non-performance of their obligations if such non-performance is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire, and other natural disasters that occurred regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and Personal Data Protection
8.1. By providing his/her personal data on the Online Store website during registration or when placing an Order, the Buyer grants the Seller his/her voluntary consent to the processing, use (including transfer) of his/her personal data, as well as to other actions provided by the Law of Ukraine “On Personal Data Protection,” without limitation of the term of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. The provision by the Seller of information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine, shall not be considered a violation.
8.3. The Buyer shall be responsible for maintaining his/her personal data in an up-to-date state. The Seller shall not be liable for poor performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.
9. Other Conditions
9.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a dispute cannot be resolved through negotiations, the Buyer and/or the Seller shall have the right to apply to the courts in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally in the manner provided in Clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner provided by the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS:
Sole Proprietor Trehub Volodymyr Ivanovych
TIN 2752410110
Account No. UA453052990000026004015009523 at JSC CB "PRIVATBANK"
Legal Address: 03142, Kyiv, Vernadsky Blvd, 81, apt. 25
Phone: +38 (050) 378-36-02
Single Tax, Group 2